JUDGMENT

A.K.SIKRI,J.

1. To state the facts in brief, a civil suit was filed by Hari Kishan Das (hereinafter referred to as the “plaintiff”) way back in the year 1955. It was a money suit in which decree in the sum of Rs. 11,666.66 p. was passed in favour of the plaintiff and against M/s. Diwan Kripa Ram Radha Kishan (hereinafter referred to as the “defendant”). This decree was upheld by the District Judge and by the High Court of Allahabad in Second Appeal. The problem which arose thereafter is in the execution proceedings. Execution Case No. 29 of 1962 was filed by the plaintiff/decree holder as the decree was not fully discharged. Auction notice was published on 16.04.1964. At that stage the defendant/Judgment Debtor filed an application under Order XXI Rule 83 of the Civil Procedure Code, 1908 for postponement of sale pleading that he would raise the decreetal amount and pay the same to the plaintiff. Ultimately, on 08.10.1964 the parties came to an understanding on the basis of which statement was recorded by the Executing Court to the effect that four months' time be given