JUDGMENT :- We doubt whether a petition similar the one moved by the appellant-judgment-debetor for instalment payment of the due amount is maintainable, attention was drawn to the decision of the Madras Court in V.P. Madhavan Nambiar v. Syrian Bank Ltd., AIR 1955 Mad 409 wherein it has been held that it be just and fair to pass an order for instalment payment in the first instance before the judgment-debtor is committed to prison. Neither Sec. 51 nor Rr. 39 and 40 on O. XXI provide for any instalment payments. It is clear that a decree for instalment payment can be passed only on consent of the decree-holder : Sub-rule (2) of R. 11 of Order 20. We doubt whether the Court can direct in execution such instalment payment. We therefore dismiss this appeal. At the same time we make it clear that it is open to the judgment-debtor to raise the objection that he is not liable to be detained in prison. It is for the decree-holder to make out, if he wants the judgment-debtor arrested, that the latter had the means to pay the decree amount and had refused or neglected to pay the same or to make out any of the other circumstances provided under Sec. 51 of the Code of Civil Procedure. 2. There will be no order as to costs. Appeal dismissed.