https://www.taxtmi.com/caselaws?id=293319 A compromise decree under Order 23 Rule 3 CPC is executable only to the extent the compromise relates to the suit and the relief claimed. An executing court cannot enforce an independent or extraneous contractual obligation merely because it was incorporated by consent in the decree. Here, the sale of the restaurant business between the defendants was outside the plaintiff's money claim and did not form part of the suit subject matter, so the unpaid purchase price could not be executed under the decree. The dismissal of the execution application was therefore upheld. en-us Wed, 28 Sep 1966 00:00:00 +0530 Thu, 04 Feb 2021 17:24:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=293319 A compromise decree under Order 23 Rule 3 CPC is executable only to the extent the compromise relates to the suit and the relief claimed. An executing court cannot enforce an independent or extraneous contractual obligation merely because it was incorporated by consent in the decree. Here, the sale of the restaurant business between the defendants was outside the plaintiff's money claim and did not form part of the suit subject matter, so the unpaid purchase price could not be executed under the decree. The dismissal of the execution application was therefore upheld. Case-Laws Indian Laws Wed, 28 Sep 1966 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=293319