Judgment :- 1. This is an appeal by the judgment-debtors in O.S. No. 40 of 1951 of the Tinnevelly Sub Court pending execution in the Kottayam District Court, from an order dismissing their objection to the decree holder's application for execution. When the decree-holder applied for execution the judgment-debtors filed an objection petition, C.M.P. No. 3179 dated 26.6.1953, contending that there has been an adjustment. The terms of the adjustment pleaded by them provided for payment of the decree amount in instalments. A part of the decree amount was to be paid to two banks, in discharge of the claims, which the said banks had against the decree holder, and the balance was to be paid direct to the decree-holder. The court below summarily dismissed the objection petition holding that the agreement set up, even if true, would not amount to an adjustment of the decree and that it would not by itself result in a satisfaction of the decree but was only a variation of the normal execution of the decree. Reliance was placed by the learned judge for his conclusion on the Notes at pages 2169 and 2170 of Volume II, Chitaley's Code of Civil Procedure, 1950 Edition. The order of the learned judge is laconic and reads: "The agreement set up, even if true, does not amount to an adjustment of the decree. It does not by itself result in a satisfaction of the decree, but is only a variation of the normal execution of the decree. Chitaley on C.P.C. 1950 Edition, Vol. II pages 2169, 2170. Hence this is dismissed." The appeal is against this order. 2. The respondent's counsel contended that the adjustment pleaded by the judgment-debtors was only an executory agreement and could not, therefore, be recognised by Court. This is too broad a proposition to be accepted. Chitaley on C.P.C. 1950 Edition, Vol. II pages 2169, 2170. Hence this is dismissed." The appeal is against this order. 2. The respondent's counsel contended that the adjustment pleaded by the judgment-debtors was only an executory agreement and could not, therefore, be recognised by Court. This is too broad a proposition to be accepted. In the very Notes referred to by the learned judge it is said at page 2172 (Chitaley's Code of Civil Procedure, Volume II, 1950 Edition): "To constitute an 'adjustment' it is not necessary that the judgment-debtor must have carried out all the terms of the arrangements made by him with the decree-holder; a completed contract by which he promised to do something at a future date can be accepted by the decree-holder as a legal and immediate adjustment in satisfaction of his decree." That an executory agreement may be pleaded in bar to execution as an adjustment within the meaning of 0.21 R. 2 of the Code of Civil Procedure has also been recognised in Ouseph v. Ebrahim, 29 TLJ 1185. According to the judgment-debtors in this case, some of the instalments have been paid and they have also undertaken to discharge the liability of the decree-holder to the two banks. If these allegations are true, there has been a discharge of the decree at least to that extent. Agreements to pay the decree amount, or part thereof, in instalments have been accepted as adjustments under 0.21 R. 2, CPC in Murlidhar v. Balmukund (AIR 1946 Nagpur 313), Harbans Narayan v. Uma Shankar (AIR 1942 Patna 68), and Udham Singh v. Atma Singh (AIR 1941 Lahore 149 FB). We consider that the District Judge was wrong in summarily rejecting the judgment-debtor's objection petition without investigation and without considering whether the allegations made therein were true. An opportunity should have been afforded to the parties to prove whether there has been an agreement as alleged in the objection petition or not. The appeal is, therefore, allowed. The order of the Court below is set aside and the judgment-debtor's objection petition, C.M.P. No. 3179 dated 26.6.1953, is remanded to the Court below for a fresh disposal, according to law and in the light of the observations made above, after giving both parties an opportunity to adduce evidence. Parties will bear their costs in this Court. Allowed.