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1967 Supreme(Pat) 27

G.N.PRASAD
Ramayan Dubey – Appellant
Versus
Chitradeo Rai – Respondent


Judgment

G.N.Prasad, J.

1. This appeal by the Judgment-debtors arises out of an objection preferred by them under Sec. 47 of the Code of Civil Procedure. The decree under execution is a compromise decree passed in a money suit which was instituted by the decree-holders on the foot of a handnote for Rs. 2178/-. The total claim in the suit was for Rs. 2944/10/-. But by compromise between the parties, it was decreed that the judgment-debtors would pay to the decree-holders a sum of Rs. 2.000 on or before the 23rd October 1958 in full satisfaction of their dues up-to-date. There was also a default clause in the compromise petition, which was made a part of the decree, to the effect that if the judgment-debtors did not pay the sum of Rs. 2,000.00 to the decree-holders by the appointed date, then the claim laid in the suit would stand decreed in full together with costs of the suit and future Interest at the rate of 6 per cent per annum. The judgment-debtors failed to make the payment by 23-10-1958. Thereafter the decree-holders made an application for amendment of the decree, which was allowed, and the following words were inserted in the decree:

"It is ordered that the defendants do pay

















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