Judgment

P. JAGANMOHAN REDDY, J.:- This appeal is by certificate against the judgment of the Calcutta High Court allowing the appeal from an order made on an application for execution at the instance of the decree-holder giving the judgment-debtor an opportunity to take appropriate proceedings for execution of some clauses in the decree which were apparently in his favour. The respondent is ex parate.

2. The appellant who was carrying on business under the name and style of C. S. Ling & Co., in Hongkong, filed a suit in the SC of Hongkong and obtained a decree against the respondent on the basis of which he filed a suit in the Calcutta High Court, being O. S. No. 3459/54 for the recovery of Rs. 15,73,161/- lent and advanced by the appellant to the respondent. The parties compromised and a consent memo was filed in terms of which a decree was passed on 22-2-1961 for Rs. 5,44,554.45 P. equivalent to 6,60,000 H. K. The consent decree provided as follows:-

1. There will be a decree in favour of the plaintiff for the sum of HKS 6,60,000/- Hong Kong Dollars equivalent of Rs. 5,44,554.45 p. at the rate of HKS, 120.20 to Rs. 100/- in full and final settlement of all claims, subject to the fol