Mumbai Court June 1887 Judgments

Balkrishna Indrabhau Vs. Abaji BIn Bahirji More

Court: Mumbai

Reported in: (1888)ILR12Bom326

West, J.1. In the present case the Court in decreeing payment of a debt secured on immoveable property granted to the judgment-debtor the indulgence of paying by annual instalments. Afterwards in the course of the proceedings in execution and after a default had been made whereby the whole sum decreed had become due, the judgment-debtor sought a new order for instalments. The Subordinate Judge in the Court of first instance refused it, but the Subordinate Judge in appeal has allowed it. The latter order cannot be sustained.2. Section 15B of the Dekkhan Agriculturists' Relief Act XXII of 1882 allows the Court to order payment by instalments either in its decree or in the course of the execution, but it does not authorise a variation of any order once so made. If this could be done, the decree would be subject to indefinite variation. It has been contended before us that such variation, in order to adapt execution to the means of the debtor, is a necessary corollary from the terms of the...