Section 57 of the Transfer of Property Act does not apply to this case, as it involves a question of the adjustment of a decree out of Court.
The decree of this Court is not a decree for payment of money, but an ordinary mortgage decree for sale in case the money due is not paid.
That being so, section 258, Code of Civil Procedure, is not applicable [compare Sankaran Nambiar v. Kanara Rarup(1)]. The respondent was therefore not precluded by limitation under article 173A of the second schedule of the Limitation Act from proving the agreement set up by him under section 244, clause (c), of the Code of Civil Procedure.
There being no doubt as to the agreement, the appeal fails and is dismissed with costs.