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1952 Supreme(All) 175

MALIK, AGARWALA, V. BHARGAVA
SHEO LAL – Appellant
Versus
L. DEVI DAS – Respondent


Advocates Appeared:
Bhagwan Das Gupta

RAGHUBARDAYAL AND AGARWALA, JJ.

( 1 ) THIS is a judgment-debtors appeal against an order of the learned Additional District Judge of moradabad dated 4th August 1945, allowing an appeal of the decree-holder respondent against the order of the Munsif dismissing an application for preparation of a final decree. The only question in appeal before as is whether the application for the preparation of a final decree was barred under Article 181, Limitation Act. The facts bearing upon the question may be stated shortly as follows :

( 2 ) THE appellants judgment-debtors brought a suit for accounts under Section 33, U. P. Agriculturists Relief Act. The suit was decreed in terms of a compromise according to which the decretal amount was made payable in twelve half yearly instalments. The first instalment was to fall due on 23rd June 1937 and the last was payable on 23rd December 1942. It was further provided that in default of payment of any two instalments the whole amount would become payable with interest allowed by law. The Hindustani expression used in the compromise was rather clumsy. It was: "kul mutalba ekmusht mae sud qanooni lagaya jawe. " As it stands the expression is meaningless,






































































































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