J U D G M E N T

Dated this the 12th day of December, 2023 The petitioner herein is the first Judgment Debtor in E.P.No.10/2016 of the Principal Sub Court (Commercial Court, Kottayam). He assails Ext.P17 order, which dismissed E.A.No.520/2018, preferred by the petitioner herein under Section 47 of the Code of Civil Procedure .

2. Heard the learned counsel for the petitioner and the respondent.

3. Learned counsel for the petitioner submits that the decree in question was one pursuant to a compromise entered into by and between the parties and that the compromise decree is not valid or enforceable. Petition under Section 47 C.P.C. (Ext.P2) is preferred on the definite contention that the suit in question, which resulted in a compromise decree, was not maintainable, as barred by Section 69 (2) of the Indian Partnership Act . Learned counsel would contend in Ext.P2 that the petitioner (1st defendant in the suit) was not fully aware of the legal position as regards the maintainability of the suit, wherefore only, he agreed to accept the offer made by the first respondent (plaintiff in the suit) and entered into the compromise. Before this Court, it was also urged that the suit document