S.C.Deb, J. - (1.) In order to appreciate the questions involved in this specially assigned application it is necessary to set out below the material portion of the compromise decree dated March 22, 1968 passed in this suit which was filed by the plaintiff respondent claiming Rs. 16,204/-, with interim interests and costs against the petitioner defendant. "It is ordered and decreed that the defendant do pay to the plaintiff the sum of Rs. 10,000/-. And in the event of the defendant paying to the plaintiff the sum of Rs. 8,000/- in the following manner, it is further ordered and decreed that the plaintiff shall accept the same in full settlement of his claim in this suit. (1) Rs. 2,000/- on or before the 22nd day of March, 1968. (2) The balance sum of Rs. 6,000/- by quarterly instalments of Rs. 375/- each, th" first of such instalments to be paid on or before the 15th day of July, 1968 and the subsequent instalments to be paid by the 15th day of every three months thereafter. And it is further ordered and decreed that in default of payment of any two instalments the plaintiff shall be at liberty to execute the decree for the balance of the decretal amount then remaining due. And it appearing that the defendant has paid to the plaintiff the first payment of Rs. 2,000/- through Mr. S. M. Chowdhury, Attorney for the plaintiff, it is further ordered and decreed that the said payment be recorded in the register of this suit."
(2.) Now, I will briefly state the facts in a few following paragraphs.
(3.) The defendant having failed to pay the fourth quarterly instalment which fell due on April 15, 1969 an Order was passed giving him leave to deposit the said amount into this Court without prejudice to the rights, if any, of the plaintiff and in terms of the said order he duly deposited the said amount on June 13, 1969 and it was withdrawn by the plaintiff without prejudice to his rights, if any.;