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Judgment
P.N. Mookerjee, J.—This appeal is by the judgment-debtor and it arises out of a proceeding u/s 47 of the Code of Civil Procedure.
The decree in question was a decree for money. The judgment-debtor''s plea in resisting the execution was that there was an adjustment of the decree by an agreement, which really was an agreement, regulating the mode of satisfaction of decree and granting time for the same.
It is clear, therefore, that this was an agreement which regulated the rights and liabilities under the decree, leaving it untouched, except as to the mode of satisfaction of the same and the time for the purpose. Such an agreement would be an adjustment on the authorities : vide The Oudh Commercial Bank Ltd., Fyzabad v. Thakurain Bind Basni Kuer (1939) 43 C.W.N. 501 (P.C.) and Pattu Kumari Bibi v. Nirmal Kumar Singh Nowlakha (1939) 43 C.W.N. 907. According to the Appellant, also this was an adjustment of the decree in question. That decree, however, as we have already said, is a money decree. In the circumstances, although the matter no doubt comes u/s 47 of the Code of Civil Procedure, it comes also under Order XXI Rule 2 of the Code.
In the premises, the adjustment in question cannot be taken note of by the executing Court, unless it is recorded within the time limit for the purpose, which under the present law (vide the new Limitation Act, Article 125) would be thirty days. On the Appellant''s own case, the alleged agreement was made about May 10, 1966 and admittedly also it was not recorded within the above period of thirty days and it was mentioned for the first time before the Court only on June 23, 1966, in his present objection, which would be well beyond the said period. In the circumstances, the view of the Court below that the instant objection could not be entertained on account of the bar of limitation in the matter of recording of the above adjustment, appears to be correct and should be upheld.
We would, accordingly, dismiss this appeal.
There will, however, be no order for costs in this Court.
Let the records go down as quickly as possible.
S.K. Chakravarti, J.
I agree.