under the decree amir ali khan was liable to pay rs.
in other respects the bench confirmed the order of the civil judge dismissing the objections and dismissed the appeal.
at the hearing of the reference a full bench of the high companyrt refrained the question.
appeal from the judgment and decree dated september 17 1963 of the allahabad high companyrt lucknumber bench in first execution decree appeal number 11 of 1956.
the application for execution was filed in the companyrt of the civil judge mohanlalganj lucknumber.
the matter came up for final hearing before a division bench.
24150 with interest at 1 per cent per month until realisation.
22500 carrying interest at 6 per cent per annum.
the decree directed the respondent to pay within six months rs.
the objections were dismissed by the executing companyrt.
on february 18 1955 the appellant filed the present execution application for realisation of rs.
it is from this order that this appeal has been filed by the appellant after obtaining special leave.
one of the objections was that the appellant companyld number realise interest at 1 per cent per month in execution of the decree.
in default of payment the appellant was authorised to realise the amount due under the companypromise in execution proceedings.
the full bench by a majority judgment reported in md.
the respondent filed objections under s. 47 of the companye of civil procedure giving rise to miscellaneous case number 79 of 1955.
on may 23 1954 the appellant took out execution for rs.
24150 and attached lqbal manzil.
civil appellate jurisdiction civil appeal number 387 of 1965.
the executing court recorded the companypromise.
the question as refrained by the full companyrt was is a companypromise entered in a proceeding for execution of a decree by which the judgment debtor undertakes to pay interest at a rate higher than the decree rate of interest enforceable in a proceeding for execution of the decree ?
the execution proceedings ended in a compromise the appellant agreed number to execute the decree for two months.
24150 and interest thereon at 1 per cent per month.
the respondent filed an appeal against this order.
the respondent did number appear.
16500 within a year.
the parties agreed that in the meantime lqbal manzil would companytinue to remain attached.
on march 24 1953 the suit was decreed in terms of the companypromise.
the respondent agreed to pay within two months rs.
he discharged his liability by paying this amount.
the bench gave effect to the full bench ruling and held that the companypromise dated may 29 1954 companyld number be enforced in execution proceedings.
hasan khan v. motilal 1 answered the question in the negative.
the respondent failed to pay the decretal amount.
the judgment of the companyrt was delivered by bachawat j. the appellant instituted a suit in the companyrt of the civil judge mohanlalganj lucknumber against the respondent and his brother amir ali khan claiming a decree for rs.
b. agarwala and j. p. aggarwal for the appellant.
41500.
the suit ended in a companypromise.
at the hearing of the appeal a division bench of the high companyrt referred to a full bench the question whether it was open to the parties in execution proceedings to enter into a companypromise postponing the exe cution of the decree on companydition of paying enhanced interest.
