Carpen vs Nallan – clr volume 2 page 111_1

In Carpen v. Nallan, the court addressed whether a decree for payment of a fixed amount on a defaulted promissory note could subsequently be varied to permit installment payments at the defendants’ request. It was held that a decree, once entered for a specified sum, is not subject to variation to allow payment by installments unless provision for such payment was expressly included in the original decree. This principle reaffirmed that final decrees must be enforced as issued, absent explicit authorization for modification, supporting established legal doctrine and cited precedents. The decision reinforced the finality and certainty of decrees under civil procedure, precluding post-judgment alterations based on later applications.

Withers J. — It was established that after the issuance