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1966 Supreme(Cal) 192

B.N.BANERJEE, S.A.MASUD
SUBODH CHANDRA MITRA – Appellant
Versus
KANAI LAL MUKHERJEE – Respondent


Advocates Appeared:
BHABANATH DUTT, DIPANKAR GHOSH, I.P.MUKHERJI

BANERJEE, J.

( 1 ) IN suit No. 2707 of 1947 (Kanailal Mukherjee v. Subodh Chandra Mitra), there was consent decree made in favour of the respondent, on April 21, 1945, on terms as hereinafter set out:"1. There will be a decree in favour of the plaintiff for Rs. 13,200/- besides costs carrying interest on the decretal amount at the rate of 12 per cent per annum from the date hereof. Should, however, the defendant pay the decretal amount on the due dates hereinafter mentioned, the rate of interest will be reduced to 9 per cent per annum 2. The decretal amount will be paid in the following monthly instalments. (a) From April 1948 to September 1948, the defendant will pay Rs 176 per month, the first of such payments shall be made on or before 20th April 1948, and the subsequent payments by the 20th of each succeeding month. (b) From October 1948 to March 1949, the defendant will pay Rs. 246/- per month, the first of such payments shall be made on or before 20th October 1948 and the subsequent payments by the 20th of each succeeding month. (c) From April 1949 to March 1950 the defendant will pay Rs. 330/- per month the first of such payments shall be made on or before 20th April 1949 a














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