ORDER

Kendall, J. - At the time when this case was called for hearing the applicant's counsel was not present. But as he had already concluded his argument before me on the last date of hearing, the matter has to be disposed of on its merits.

2. The application is one for the revision of an order passed by the Judge of the Small Cause Court of Allahabad allowing an adjustment between the parties in execution proceedings. The decree under execution was a money decree pronounced on 16th December 1926 and payable by instalments, the first of which fell due on 15th March 1927. That instalment having failed, the decree-holder put his decree into execution. But on 25th August 1932 the judgment-debitor made an application to the Court to the effect that the matter had been adjusted between the parties by a compromise by which instalments were to be again allowed. Originally the decree had been payable by four six-monthly instalments, and under the settlement alleged to have been arrived at the instalments were still to be six-monthly. The decree-holder on being called on to reply to this application, denied that there had been settlement; but the Court after recording the statements of the