Modification application denied for default in complying with payment order, suit decreed in favor of non-applicant.

The court dismissed the application for modification of the decree/order for payment with reduced interest rate due to the defendants' default in complying with the court's direction to pay the specified amount by a certain date. The suit was decreed in favor of the non-applicant as per the previous order, leading to the drawing-up of a decree sheet reflecting the suit being decreed due to the defendant's non-payment.

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Issues: Application for modification of decree/order for payment with reduced interest rate. Default in payment leading to dismissal of application. Suit decreed due to non-payment as per previous order.

The judgment deals with an application seeking modification of a decree/order for payment. The applicants/defendants requested to pay a specific amount by a certain date at a reduced interest rate. The court had initially directed the defendants to pay a sum by a specified date with a higher interest rate. The order was passed with the consent of both parties, stating that failure to make the payment would result in the suit being decreed. As the defendants failed to pay the required amount by the deadline, there was a default in compliance with the court's direction. The court found no valid reason for an extension of time, especially since the non-applicant opposed it, leading to the dismissal of the application seeking modification.

In another aspect, the judgment addresses a suit where the defendant failed to comply with the court's previous order to make a payment by a specific date. The court decreed the entire suit in line with the previous consent given by the parties. Consequently, a decree sheet was ordered to be drawn-up to reflect the suit being decreed due to the defendant's non-payment as per the court's previous order.

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