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1960 Supreme(All) 81

J.K.TANDON
RAJA RAM – Appellant
Versus
BISRAM – Respondent


Advocates Appeared:
D.N.SRIVASTAV, RAM JEE

J. K. TANDON, J.


( 1 ) THIS revision is directed against the order of the learned Judge Small Causes, Sitapur by which he dismissed the applicants objection under Section 47 of the Code of Civil Procedure. The opposite party has a decree, which apparently was passed upon a compromise arrived at between the applicant and him. The terms of the decree were that the whole of the claim of the opposite party which amounted to Rs. 358/- was decreed but it was further provided that in case the applicant paid into court a sum of Rs. 190/-within one month from 27th April, 1956, the entire decretal amount shall be deemed to have been paid off and the decree shall be taken to have been satisfied in full. The decree further went on to provide that in default of payment as aforesaid the decree-holder will be entitled to execute the decree for the full amount and costs. In brief therefore a decree for the full amount of Rs. 358/- and costs had been awarded with the stipulation attached to it that in case the applicant was able to pay Rs. 190/- within one month from 27th April, 1956 it shall stand discharged in full.

( 2 ) THE facts as held by the court "below are that the applicant sent a sum of









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