Kanhaiya Singh, J.

1. The question involved in this appeal is whether the payment of the third instalment of Rs. 1500 was a valid payment and the execution sale was liable to be set aside. The facts giving rise to this appeal may be shortly stated. The respondent decree-holder applied for execution of the money decree against the appellant judgment-debtor in the Court of the 3rd Subordinate Judge, Patna, The appellant judgment-debtor raised various objections which were all decided against him. He carried an appeal to this Court which was registered as Miscellaneous Appeal No. 341 of 1954. On 9-5-55 this Court disposed of the said appeal by consent of the parties in the following terms :

"1. The judgment-debtor appellant shall pay the entire sum of Rs. 7,000 (the price at which lot No. 1 -- the chouse -- has been sold) in four instalments in the following manner: The first instalment of Rs. 2000 shall be paid on or before the 31st August, 1955; the second instalment of Rs. 1,500 shall be paid on or before the 30th November, 1955; the third instalment of Rs. 1,500 shall be paid On or before the 28th February, 1956; and the fourth instalment of Rs. 2,000 shall be paid on or b