( 1 ) THIS is an application for reviewing two orders dated March 9, 1964 passed by this bench and for certain consequential reliefs.

( 2 ) THE facts are as follows: The applicant Indo World Trading Co. , Ltd. , filed a suit jn this Court being Suit No. 214 of 1955 against a firm known as Chellamtrading Company and an individual by the name of S. V. Pillai for recovery of certain suras of money advanced by the plaintiff to the defendant firm. The defendant No. 2 is alleged to have guaranteed the payment of the dues of the plaintiff to the extent of Rs. 51,000/ -. Both the defendants filed written statements. When the suit came on for hearing in the year 1959 the advocate for the defendant No. 2 stated that he had no instruction from his client. As between the plaintiff and the defendant firm certain terms of settlement were recorded in writing. The decree as drawn up bearing date May 6, 1959, shows that on the evidence adduced S. V. Pillai the defendant No. 2 was to pay the plaintiff the sum of Rs 34,264/12/3 with interest and costs. So far as the terms pf settlement are recorded they merely record that the plaintiff would not execute the decree for seven years against