1968 (2) TMI 120

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....year. He discharged his liability by paying this amount. The decree directed the respondent to pay within six months Rs. 22,500 carrying interest at 6 per cent per annum. The respondent failed to pay the decretal amount. On May 23, 1954, the appellant took out execution for Rs. 24,150 and attached lqbal Manzil. The application for execution was filed in the Court of the Civil Judge, Mohanlalganj, Lucknow. The execution proceedings ended in a compromise, The appellant agreed not to execute the decree for two months. The respondent agreed to pay within two months Rs. 24,150 with interest at 1 per cent per month until realisation. In default of payment, the appellant was authorised to realise the amount due, under the compromise in execution p....

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.... Full Bench ruling and held that the compromise dated May 29, 1954 could not be enforced in execution proceedings. In other respects, the Bench confirmed the order of the Civil Judge dismissing the objections and dismissed the appeal. It is from this order that this appeal has been filed by the appellant after obtaining special leave. The sole question in this appeal is whether the compromise of May 29, 1954 is enforceable in execution proceedings. It is open to the parties to enter into a compromise with reference to their rights and obligations under a decree. There is nothing in the Code of Civil Procedure which prevents the parties from entering into such a compromise. If the compromise amounts to an adjustment of the decree, it must....

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....tion of the executing Court to enforce such a compromise is not taken away by 0. 23, r. 4 of the Code of Civil Procedure. The effect of 0. 23, r. 4 is that 0. 23, r. 3 does not apply to execution proceedings. Independently of 0. 23, r. 3, the provisions of 0. 21, r. 2 and s. 47 enable the executing Court to record and enforce such a compromise in execution proceedings. Nor doe,, 0. 20, r. 11(2) affect this power of the executing Court. Order 20, r. 11 enables the Court passing the decree to order postponement of the payment of the decretal amount on such terms as to the payment of interest as it thinks fit on the application of the judgment-debtor and with the consent of the decree-holder. It does. not affect the power of the executing Cour....