Compromise decree execution must follow the compromise terms; an executing court cannot narrow agreed interest calculation.

An executing court cannot disregard a compromise decree or narrow its effect by omitting clarificatory words where the decree is expressly recorded in terms of the compromise. The Supreme Court held that, under Order 23 Rule 3 CPC, the compromise deed may be read to ascertain the rights declared by the decree, and the court in execution must give effect to that tenor without travelling beyond it. Because the compromise expressly provided for interest with half-yearly rests and the decree did not clearly and consciously depart from that term, the objection to execution was unsustainable and the decree remained executable according to the compromise.

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Issues: Whether the executing court could disregard the compromise deed and refuse to execute the decree on the footing that interest with half-yearly rests was not expressly repeated in the decretal terms.

Analysis: The decree was recorded as being in terms of the compromise, and the compromise deed expressly provided for interest with half-yearly rests. In execution, the court is bound by the tenor of the decree and cannot travel beyond it. Where a decree is passed under Order 23 Rule 3 of the Code of Civil Procedure in terms of a compromise, the compromise deed must be read to ascertain the rights declared by the decree. The omission of clarificatory words in the decree did not show a conscious variation of the compromise, and no uncertainty existed that would justify refusing execution according to the compromise terms. The executing court therefore lacked jurisdiction to modify the effect of the decree on the ground suggested.

Conclusion: The objection to execution was unsustainable, and the decree was executable in accordance with the compromise, including the agreed method of calculating interest.

Final Conclusion: The impugned order was set aside, the executing court's order was restored, and the appeal succeeded.

Ratio Decidendi: An executing court cannot vary or ignore a compromise decree by reading it narrowly; where the decree is expressly in terms of the compromise, the compromise governs its execution unless the decree itself clearly and consciously departs from it.

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