On 16-5-1972 Habib Bank Limited filed a summary suit under Order XXXVII, Rues 1 and 2 of the C.P.C.
For the recovery of Rs,10,789 alongwith interest. An application for leave to defend was given which was resisted. The learned District Judge by judgment and decree dated 10-2-1973 rejected the application and decreed the suit with interest from the date of institution of suit to the date of decree. The said decree is the subject-matter of challenge in Regular First Appeal No,25/73.
2. On 16-5-1972, respondent, Habib Bank Limited instituted a suit for the recovery of Rs,10,375.40 alongwith interest, in the Court of District Judge, Multan. An application for leave to defend was submitted by the present appellants. This application was rejected and the suit was decreed by the judgment and decree dated 10-2-1973. The said decree is the subject-matter of challenge in R.F.A. No,26/73.
3. Feeling aggrieved by these decrees, the appellant has filed Regular First Appeal No,25/73 and Regular First Appeal No,26/73. At the very outset the learned counsel for the appellants submitted that they do not want to press these appeals provided the respondent agrees to recover the decretal amount in four instalments commencing June, 1991 to December, 1992.
4. Learned counsel appearing on behalf of the Bank does not oppose this offer and proposes that these appeals be adjudicated in view of the aforesaid offer; that Bank is prepared to recover the decretal amount in both the appeals in four instalments commencing June, 1991 to December, 1992 and that if the appellant fails to comply, with the terms of this arrangement, the Bank will have the right to file an execution petition forthwith.
5. In result, these appeals are disposed of in accordance with the aforesaid agreement. The appellant shall make the payment of decretal amount in four instalments in following manners:- {{TABLE}} Instalment No, Last date of payment 30-6-1991 31-12-1991 30-6-1992 31-12-1992 ' If the appellant makes the default in making of the payment as indicated above the Bank will have a right to execute the decrees forthwith.
6. In result, these appeals bearing No,RFA 25 of 1973 and RFA No,26 of 1973 are disposed of in the aforesaid terms. There is no order as to costs.