JUDGMENT 1. - The present appeal has been filed by the appellants not questioning the legality and validity of the decree dated 6.2.1997 passed by the learned District Judge, Sriganganagar in Civil suit No. 219/90 but it is filed to allow the payment of decreetal amount in instalments as envisaged u/O. 20, R. 11 CPC. 2. Notices have been duly served on all the respondents. Respondent No. 3 is represented by Mr. Vijay Agarwal whereas respondent No. 1. In whose favour decree is passed is being represented by Mr. G.R. Goyal. As per the order of this Court dated 24.4.1998, the service on proforma defendant-respondent who is wife of appellant No. 2 is deemed to be complete. 3. Heard the learned counsel for the appellant as well as the learned counsel appearing on behalf of the respondent No. 1 and 3. 4. From the grounds taken in the memo of appeal and also from the submissions made by the learned counsel for the respondent Mr. Dinesh Maheshwari the defendant-appellants in all bona fide are not challenging the judgment and decree passed by the learned District Judge, Sri Ganganagar, but the present appeal is confined only seeking relief to allow them to make payment of the decretals amount in instalments as envisaged u/O. 20, R. 11, CPC Assuming for the sake of the argument that no such prayer was made before the learned trial Court since it was a decree for the payment of money, it was obligatory on the part of the learned District Judge to have consider as to whether the defendant-appellants are entitled to make payment of the decretals amount in instalment as contemplated u/O. 20, R. 11 of CPC. 5. Be that as it, may, it is borne out from the record that the appellant No. 2 had earlier established business and good will of his own, but he went through by pass surgery of his Arteries at Appollo Hospital, Madras in September, 1984. The appellant developed again serious heart ailment in December, 1992. His Angeography in August, 1993 revealed blockage of his other Arteries. It is also revealed that the Physician at Sri Ganganagar advised the appellant No. 2 to avoid emersion and mental stress. It is borne out from the perusal of the record that under the circumstances, the appellant No. 2 again went through another by pass surgery on 23.5.1995 at Apollo Hospital, Madras. It is also revealed that the Physician at Sri Ganganagar advised the appellant No. 2 to avoid emersion and mental stress. It is borne out from the perusal of the record that under the circumstances, the appellant No. 2 again went through another by pass surgery on 23.5.1995 at Apollo Hospital, Madras. In the aforesaid circumstances, under the advise of his Physician, the appellant shifted to Noida, U.P. and got himself attached for medical facilities with Noida Medicare Centre. As regards the appellant No. 1, it is a firm, which is only a juristic personality and as such the decretal amount is to be paid by the appellant No. 2. 6. In the peculiar facts and circumstances of the present case, I am objectively satisfied that the defendant-appellant No. 2 is an honest man and he has a sincere desire to pay the decretal amount although he has already undergone by pass surgery twice. In my humble opinion in the present case justice must be temper with mercy within the meaning of O. 20, R. 11 CPC, which clearly provides that where and in so far as a decree is for the payment of money, the Court may for any sufficient reason incorporate in the decree after hearing. Such of the parties, who had appeared personally or by pleader at the last hearing before judgment and order that 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 the money is payable. 7. From the reasons discussed hereinabove, I am of the view that it is a fit case in which payment of the amount decreed by the learned trial Court should be ordered to be made by monthly instalment of Rs. 2,500/- month by month till decree is satisfied without interest notwithstanding anything contained in the contract under which the money is payable. 8. As a result of above discussion, the instant appeal is allowed and the judgment and decree passed by the learned trial Court is maintained subject to modification that the payment of the amount decreed shall be made in monthly instalment of Rs. 2,500/- month by month without interest notwithstanding anything contained in the contract under which the money is payable. Both the parties are directed to bear their own costs.Appeal Partly allowed. *******