Instalments to be within paying capacity of judgment-debtor

Instalments to be within paying capacity of judgment-debtor.-The number, amount and intervals for the payment of the instalments fixed by the Court under section 11 or 13 shall be fixed within the paying capacity of the judgment-debtor: Provided that,-

1. (a) the whole of the unrealized balance of the decretal amount shall be recoverable in lump at once in case default is made by the judgment-debtor in the payment of two or more consecutive instalments unless such default was due to abnormal circumstances beyond the control of the judgment-debtor which in the opinion of the Court executing the decree entitled the judgment-debtor to an extension in the period of instalments ;
2. (b) the Court which passed the decree or to which the decree is transferred for execution, if it is satisfied that a substantial change has taken place in the paying capacity of the judgment-debtor may, on the application of the decree-holder or the judgment-debtor from time to time, vary the number and alter the amount of instalments fixed by the decree to suit the changed paying capacity of the judgment-debtor. Explanation.-"Paying capacity" means the amount which the judgment-debtor can reasonably be expected to pay after providing for the exercise of his avocation and for the essential necessities of himself and of such members of his family as are dependent on him.