Kuppe Kanny V. Caliappa Pillai

1916 Present : Shaw A.C.J. and De Sampayo J.

KUPPE KANNY v. CALIAPPA PILLAI.

295-D. C, Colombo, 44,377

Agreement before judgment as to amount due and execution-Decree entered without embodying the agreement-May agreement be proved after decree-Adjustment of decree-Civil Procedure Code, ss. 344, 349.

The Court when asked to execute a decree may properly have regard to any agreement between the parties touching the satisfaction of a decree to be subsequently entered, and if the terms of the agreement so required, refuse execution.

Plaintiff instituted this action against defendant for the recovery of Rs. 2,463. Before judgment the parties came to an amicable agreement, whereby they settled the amount payable by the defendant to the plaintiff to be Rs. 550, of which a sum of Rs. 220 . was then paid, and the balance Rs. 330 was agreed to be paid on April 15, subject to the condition that if the balance was not duly paid, the whole amount that might be decreed should be paid to the plaintiff. The terms of this agreement were not embodied in the decree. Before April 15 a third party seized the debt due by the defendant to the pl

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