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Judgment
The appeal relates only to one instalment of the debt due. The appellant''s Vakil says it may be taken to mean the last or 8th instalment. On the
construction of the document A, we are of opinion that the appellant''s contention is well founded. There is no provision in the document that, in
default of payment of any of the instalments, the whole debt shall become due. When default is committed, the creditor is entitled to sell the
property and apply the proceeds of the sale to the balance of the debt due. We are of opinion that the word ''due'' in the context means payable.
The whole debt was not due in this case at the same time. This is made clear by the next provision, that, if the sale does not realize what is due to
the creditor, the debtor''s other properties might be proceeded against for the balance then due. We must, therefore, allow the appeal and modify
the decree of the lower-Court by dismissing the suit so far as it relates to the last instalment with proportionate costs thereon both here and'' in the
lower Court. The plaintiff will have his costs in the lower Court on the remainder of the claim. The appellant will not have any costs in this Court on
the portion of the appeal relating to costs.