( 1 ) THE defendant No. 2 New Beerbhum Coal Co. 'ltd. instituted Suit No. 1024 of 1953 against the plaintiff, the Benaras Ice Factory Ltd. and the defendant No. 4, Jiban Krishna Mukherjee for the sum of Rs. 18,497-15-0. On December 5, 1955, there was a consent decree in favour of the defendant No. 2 against Benares Ice Factory Ltd. for the sum of Rs. 18,497-15-0 with interest thereon at 6 per Cent per annum from the date of the decree until realisation. Under the consent decree the decretal amount was payable in certain instalments. It was further provided in the decree that in default of payment of any one of the instalments the balance of the decretal amount would at once become payable and the defendant No. 2 would be entitled to put the decree in execution. Finally, by the consent decree a first charge was created upon the plans and machinery of the Ice Factory of the plaintiff lying and situate at Benares and the decree-holder was declared to be at liberty to execute the decree by sale of the properties charged by application in execution in this suit without being obliged to institute any suit in Benares Court. There was default in payment of the instalments. T