CHAGLA, C.J.-The question referred to this Full Bench is whether in case of an instalment decree providing that on the failure of payment of certain instalments the whole amount due may be recovered, the decree-holder is entitled to exercise his option to recover the whole amount then recoverable, notwithstanding that the first default may have occurred more than three years before the filing of the execution application.

2. The facts giving rise to the raising of this question may be briefly stated. An award decree was passed on 14th August 1931. The decree was for Rs. 6,900 and it provided for payment by annual instalments of Rs. 1,000 with interest; the fire of such instalments was made payable in March or April 1932 and each subsequent instalments on the succeeding March or April of every year. It was also provided that in default of payment of any two instalments the plaintiffs might recover the whole balance that would remain over after deduction of payments received in one lump sum by sale of the mortgaged property. A sum of Rs. 1,195 was paid by the judgment-debtor on 24th November 1931. A further sum of Rs. 1260 was paid on 14th November 1932. On 11th April 1933, a