Modi, J.—This is an execution second appeal by the judgment-debtor Chimna arising out of a suit for money. The respondents Chunnilal and Bakhtawarmal along with five others who have not been made parties to this appeal instituted a suit against the appellant for a sum of Rs. 3073/7/-. The parties obtained a decree on the footing of a compromise from the court of the learned Judicial Superintendent, Sojat, by which it was provided that the present appellant would pay a sum of Rs. 700/- on Falgun Sudi 11, Svt. 2004 and a further instalment of Rs. 1000/- only on Baisakh Sudi 15 of the same Samwat year but that in case he defaulted to make the aforesaid payments on the due dates, the plaintiffs would be entitled to recover the entire suit amount, that is, Rs. 3073/7/-. The parties were directed to bear their own costs in the suit. It is admitted that the present appellant paid the first instalment of Rs. 700/- a little after Falgun Sudi 11, Svt. 2004 which was, however, accepted by the respondents. As regards the second instalment, the appellants case is that he offered the amount to the decree-holders on the due date but they refused to accept the money. It is further alleged that as

Click Here to Read the rest of this document