11. Decree may direct payment by instalments.- (1) Where and in so far as a decree is for the payment of money, the court may for any sufficient reason incorporate in the decree, after hearing such of the parties who had appeared personally or by pleader at the last hearing, before judgment, an Order that payment of the amount decreed shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable. (2) Order, after decree, for payment by instalments—After the passing of any such decree the court may, on the application of the judgment debtor and with the consent of the decree holder, Order that payment of the amount decreed shall be postponed or shall be made by instalments on such terms as to the payment of interest, the attachment of the property of the judgment debtor, or the taking of security from him, or otherwise, as it thinks fit. HIGH COURT AMENDMENTS Andhra Pradesh and Madras.- Substitute the following for Rule 11: “11. Decree may direct payment by instalments.— (i) Where and in so far a decree for is the payment of money the Court may for any sufficient reason at the time of passing the decree order that the payment of the amount decreed shall be postponed or shall be made by instalments with or without interest notwithstanding anything contained in the contract under which money is payable; (ii) After the passing of any such decree the Court may on the application of the judgment-debtor and after notice to the decree holder order that payment of the amount decreed shall be postponed or shall be made by instalments on such terms as to the payments of interest the attachment of property of the judgment-debtor or taking or security from him or otherwise as it thinks fit,” Madhya Pradesh.- In sub-rule (2) for the words “and with the consent of the decree holder” the words “and after notice to the decree holder” shall be substituted. Orissa.- Same as that of Madhya Pradesh. (7.5.1954).
| 