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SUDHIR MITTAL
Karam Singh – Appellant
Versus
Gurmail Kaur – Respondent
JUDGMENT
Sudhir Mittal , J. (Oral) - The defendant/accused is the petitioner. He is aggrieved by order dated 22.12.2021 passed by the Executing Court whereby his objections to the execution preferred by respondent No. 1 have been dismissed.
2. Respondent No. 1 had filed a civil suit for possession as well as a criminal complaint under Section 420 IPC against the petitioner and respondents No. 2 and 3. The matter was compromised vide written compromise dated 18.01.2017. In terms of the compromise, the defendants/accused were required to pay a sum of Rs. 7,50,000/- on or before 15.06.2017. In case of failure to make the payment, the plaintiff/complainant - respondent No. 1 was at liberty to reopen the cases and to file a contempt petition.
3. It is evident that the compromise has fallen through and money in terms thereof has not been paid. Thus, the plaintiff/complainant-respondent No. 1 preferred an execution. The petitioner filed objections thereto which have been rejected. The Executing Court has held that the order passed on the basis of the compromise is an executable decree and the objection that execution is not maintainable has no merit.
4. Learned counsel for the petitioner has
An order passed on the basis of a compromise in a civil suit amounts to a decree and can be executed. A party seeking to enforce the terms of the compromise must fully abide by the terms thereof.
The main legal point established is that a compromise should be followed by a formal decree as per Order 23 Rule 3 of the CPC.
An executing court cannot enforce a compromise agreement that modifies a decree or increases liability; enforcement is limited to the original terms of the decree.
Execution of decree – Executing Court has no jurisdiction to vary terms of decree – If decree provides for reciprocal obligations, it must ensure compliance of those conditions by both parties in pit....
Court endorsed the enforcement of a compromise agreement, ruling on terms of payment and the non-refundability of court fees under relevant provisions.
Conditional compromise decrees require fulfillment of specific obligations for enforceability; failure to comply renders them unenforceable.
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