( 1 ) THIS appeal is directed against the order dated 20-12-1960 of the learned Single judge, Sen, J. , of this Court in Misc. Appeal No. 124 of 1958 whereby the order of the executing Court setting aside the sale of the rice mill by public auction in favour of the appellant was upheld.

( 2 ) BRIEFLY stated the facts giving rise to the sale of the rice mill are these. Appellant-decree-holder and the respondent-judgment-debtor No. 1 Dwarkaprasad had entered into a partnership on 27-12-1950. However, the appellant filed a suit on 18-4-1953 for dissolution of partnership and settlement of accounts. The claim was contested by Dwarkaprasad and evidence in the suit was to be recorded on 57-1955. But on that date both the parties to the suit amicably settled their disputes and in terms of their compromise a decree was passed on that date. It was one of the terms of the compromise that the partnership property be sold through a commissioner, and that out of the half share of respondent-defendant dwarkaprasad in the sale proceeds of the partnership property appellant-plaintiff Laxminarayan be paid a sum of Rs. 20,000. 00 in full satisfaction and settlement of the accounts of t