- (1.) Leave granted.
(2.) This is one of the cases which shows how miserable a decree holder becomes in the execution proceedings. This is a Second Appeal in the execution proceedings filed by the judgment debtor whose property was ordered to be sold in the execution proceedings. In pursuance of a suit, which had been filed in 1955, the final decree was passed and the property of the appellant had been attached on 21st December, 1962. The execution proceedings had been continuing since then. The facts, in a nutshell, are that the Execution Case No. 29 of 1962 was filed for recovery of the decretal amount by the decree-holder. Auction notice was published on 16th April, 1964. The appellant herein, the judgment debtor had filed an application under Order XXI, Rule 83 of the Code of Civil Procedure, 1908 (for short 'the CPC') for postponement of the sale, as it was possible for the judgment debtor to raise the decretal amount and pay the same to the decree-holder.
(3.) Ultimately, on 8th October, 1964, the parties had come to some understanding, which had been recorded by the Court as under: "The parties agree that time of four months be given to JD should he deposit Rs.2000/- per month & deposits the entire amount in 4 (four) months. ( illegible) under Order 21 Rule 83 CPC be given. If amount is not deposited in four months then the JD agrees that property be sold without proclamation." ;