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