The Code Of Civil Procedure 1908
Order 20 :
Rule 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 1.[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 installments, 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.
State Amendment :
High Court Amendments-[Andhra Pradesh] :
Same as that of Madras.
[Madhya Pradesh] :
Substitute "and after notice to the decree-holder" for "and with the consent of the decree-holder" occurring in sub-rule (2).-(16-9-1960).
[Madras] :
Substitute the following for rule 11:
"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 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.
(2) 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 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".
[Orissa] :
Same as that of Madhya Pradesh-(7-5-1954).
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1. Substituted by Act 104 of 1976, section 70, for certain words (w.e.f. 1-2-1977).
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