( 1 ) THIS Rule was issued at the instance of the Life Insurance Corporation of India and it is directed against order dated May 23, 1978 of the Second Subordinate Judge, Alipore.

( 2 ) THE Calcutta Insurance Company Limited instituted a suit for mortgage for the realisation of a sum of Rs. 30,000/- advanced by it to the opposite party Samarendra Nath Roy with interest at the rate 7% per annum with quarterly rests as provided in the Mortgage Bond dated Aug. 8, 1947. The suit was eventually decreed on compromise in accordance with the terms embodied in the joint petition of compromise. The terms are as follows :" (a) The plaintiffs do get a final mortgage decree for sale for full amount as claimed with interest at the bond-rate i. e. at 7 per cent per annum with quarterly rests till date and with cost on ex parte scale, such cost not exceeding Rs. 2,100/- and the said entire amount shall carry interest at the bond-rate until actual realisation, (b) The defendant shall pay the interest on decretal amount or such amount as may be outstanding quarterly in March, June, Sept. and Dec. , each year -- the first of such payment to be made in Sept. 1952. (c) The defendant is