( 1 ) THE question referred to us in this revision petition is :--

"whether in view of the provisions of Section 97 of the Civil Procedure code (Amendment) Act, 1976 the amendment, made by this Court in sub-rule (2) of Rule 11 of Order 20, Civil Procedure Code, 1906 stands repealed?"

It appears that in execution of a money decree for mesne profits the petitioner-judgment-debtor submitted an application on 7-12-1977 to the executing Court under Sub-rule (2) of Rule 11 of Order 20 of the Civil Procedure Code for facility of instalments for payment of the decretal amount. The non-applicant-decreeholder not only objected to the prayer made in the aforesaid application on merits, but also urged that Sub-rule (2) of Rule 11 of Order 20 as amended by the Madhya Pradesh High Court was no longer in force because of the provisions of the Civil Procedure Code (Amendment) Act, 1976 and it was contended that in view of Sub-rule (2) of Rule 11 of Order 20 as it stands in the civil Procedure Code after amendment the facility of instalments could only be given with the consent of the decree-holder and not as contemplated by the madhya Pradesh High Court amendment by issuing notice to t