AIR 1972 SUPREME COURT 726 ::1973 3 SCC 376 ::1972 2 SCJ 33 ::1973 SCD 217

Supreme Court Of India

From: Calcutta)

Hon'ble Judge(s): K. S. Hegde, P. Jaganmohan Reddy, D. G. Palekar , JJJ

(A) Civil P.C. (5 of 1908) , S.47— Decree - Construction of. (Para 7) (B) Civil P.C. (5 of 1908) , O.23 R.3— Compromise decree - Construction of. (A) + (B) Where Cl. 2 (a) of a compromise decree provided that the judgment debtor will pay a certain sum immediately after the signing of the decree, Cl. 2. (b) provided that the balance amount will be paid thereafter to the decree-holder by six monthly instalments of the identical amount as provided in Cl. 2 (a); and according to Clause 2 (f) immediately on payment of the first instalment the decree holder will unconditionally make delivery of the goods, which is the subject matter of the suit, to the judgment debtor or his nominee: Held, on construction of the terms of decree and the correspondence between the solicitors of both the judgment-debtor as well as the decree holder that they were clear in their mind that once the payment under Clause 2 (a) was made, the terms under Clause 2 (f) had to be complied with inasmuch as that payment was the first instalment. Although the word 'instalment' had been used in Cl. 2 (b) it did not mean that the initial payment of the specified sum in Cl. 2 (a) was not to be taken as an instalment for the purpose of Clause 2 (f). As the decree had to be ex....