SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1961 Supreme(All) 164

B.DAYAL, A.P.SRIVASTAVA
KRISHNA RAJ TRADING CORPORATION – Appellant
Versus
RAM SARAN DASS AND BROTHERS – Respondent


Advocates Appeared:
BEHARI JI DAS, Moti Lal, Rajesh Ji Varma

SRIVASTAVA, J.

( 1 ) THIS is a judgment-debtors appeal and raises an important question relating to execution of decrees.

( 2 ) A compromise was arrived at in this case between the parties which provided:

"that the plaintiff and the defendants have arrived at a compromise and accordingly they hereby pray that the suit be decreed with full costs (Contested) and interest pendente lite and future at the rate of 6 per cent per annum. "

A decree was passed in terms of this compromise. The decree-holder got the decree transferred for execution to another Court and applied for execution. The judgment-debtor a firm then put in an objection in which it put forward a pre-decree agreement and urged that in view of that agreement it was not open, to the decree-holder to get the decree executed. According to the judgment- debtor the decree had been passed in pursuance of an agreement the terms of which were as follows : "a That the parties should state before Court that they have arrived at a compromise and a decree be passed. B. That the defendants shall not press their pleas for adjudication. C. That the plaintiff shall realise the decretal amounts from: (i) The attached Coal Bills of Rs. 3,674



























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top