1943 Present: Hearne and Keuneman JJ.

SILVA, Appellant, and WICKREMESINGHE, Respondent.

100-D. C. Matara, 6,787.

Decree-Agreement between judgment-creditor and debtor-Application to have adjustment of decree recorded-Application for writ-Civil Procedure Code, s.s. 344 and 349.

Where an agreement is entered into between the judgment-creditor and the judgment-debtor, which is intended to govern the liability of the latter under the decree and to have effect on the time and manner of its enforcement,-

Held (on an application for writ by the judgment-creditor), that the terms of the agreement should be considered by the executing Court under section 344 of the Civil Procedure Code, apart from the question whether it amounts to an adjustment of the decree within the meaning of section 349 or not.

THIS was an action on a mortgage bond which was signed by the 1st and 5th defendants as principals and the 6th defendant as surety. Decree was entered and at the sale plaintiff's son-in-law became the purchaser. A balance was outstanding and the plaintiff and the 6th defendant reached an agreement, the terms of which were recorded in Court a