( 1 ) ON 19-12-1950 the plaintiff Respondent Radha Shyam Biswas obtained a decree (including claim and costs) in Money Suit No. 15 of 1950 of the Court of the Subordinate Judge at Krishnagar against the Defendant Appellant Monindra Nath Biswas for a sum of Rs. 57,376/- upon a Solenama filed in the suit on 5-12-1950. Under the Solenama, the Respondent's dues were payable in several instalments extending up to April 1952 and the mode and manner of payment of these instalments were also clearly specified therein. It was also distinctly provided in the said Solenama that in case of any default on the part of the defendant Monindra Nath Biswas in the carrying out of the terms thereof the Plaintiff Radha Shyam Biswas would be entitled to realise his entire dues or the then, outstanding balance thereof by immediate execution. The Solenama further expressly provided in paragraphs 5 and 6 thereof as follows:"5. If the defendant violates any of the terms out of all the terms mentioned before or if he does not make payment according to the terms the plaintiff will be entitled to move against the defendant and to realise the unpaid decretal amount by attachment of the mone