- (1.) THIS is an application for setting aside a decree which was passed on the basis of an agreement between Counsel.
(2.) THE application arises out of a suit for recovery of price of goods sold and delivered. The suit appeared in my daily list on the 8th August 1966. When the matter was called on shortly before the mid-day recess, counsel appearing for the parties stated that they had agreed to the disposal of the suit on certain terms. The terms were endorsed on the brief and a decree was passed accordingly. The endorsement is in these terms :
(3.) "by consent there will be a decree for Rs. 7,017/- and for Rs, 350/- in full settlement of claim and costs, but if the defendants pay the said sums of rs. 7,017/- and Rs. 850/- by monthly instalments of Rs. 300/- by the first day of every month starting from on or before 1st September 1966, the plaintiff will accept the same in full settlement of claim and costs. In default of payment of any two instalments within the due period, the entire decretal amount then remaining due together with interest accrued thereon at 6 per cent from 8th August 1966 will forthwith become payable and the plaintiff will be entitled to execute the decree immediately,";