Balance decree Civil Procedure Code, 1908, Section 47 The contention of the learned counsel appearing on behalf of the appellant is that once a default is committed by the respondents, the appellant in terms thereof would be entitled to execute the balance decree immediately, which would mean he would be entiled to a further sum of about Rs 41 lakhs, which was waived by him. We do not agree. The word "decree" after the word "balance", in our opinion, has been used loosely. The matter might have been different if the amount payable under the compromise entered into by the parties in the execution case would have been less than the amount paid by the respondents to the appellant in terms of the consent decree passed originally. It is not so. Whereas under the original decree, a sum of Rs. 41,69,110 was payable, in terms of the consent order passed in the execution case, a sum of Rs. 42,04,222 became payable. The sum which was waived by the appellant did not form part of the consent decree. It was merely a claim. Such a claim never fructified into any decree and in that view of the matter the plea of the respondents being liable to pay the said amount to the appellant despite the fact that no decree in relation thereto was passed cannot the countenanced. [N.K. Rajgarhla v. Mahavir Plantation Ltd. and Others, SCC (2006) 1 SCC 502 (508, 509)]