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69. Though in my view Section 20 has no application in the present case but even otherwise I am clearly of the view that proviso to Section 20(1) excludes a case where there is a compromise decree, recorded in the court, which is sought to be executed.

70. Now I proceed to consider whether compromise decree was executable and whether it was recorded in accordance with law or not.

71. It is not the case of petitioner and none has proved that compromise was not entered into by petitioner or there is any case of fraud or misrepresentation etc. Rule 3 Order 23 C.P.C. as amended in U.P. deals with compromise of suit and reads as under:

82. Even otherwise assuming that there is no execution clause in case of default still the compromise decree is executable. In Harihar Pandey Vs. Mangala Prasad Singh (supra) Hon. N.N. Mittal, J. in paras 8 and 9 of the judgment said:

"8. A decree is a formal expression of an adjudication that conclusively determines the rights of the parties as respects the matter in controversy. However, this adjudication of rights may take place after contest, and also by consent i.e under a compromise.
9. It is urged that under the compromise petition injunction was not specifically granted but is that really necessary? Where in an injunction suit the decree merely says that the suit be decreed, can it be said that it grants no injunction? In such a case the decree must be correlated to the relief claimed in the plaint Similarly where the parties agree to a future mode of conduct either by doing something or by refraining to do some act and obtain a decree in those terms this may, in appropriate cases, amount to self inducted injunction against one's self. There cannot be any real difference in an injunction granted by the court after adjudication of the rights and a self invited injunction under a compromise decree. However, what one has to look for in such a case is to search for the real intent of the parties. If the prohibitions and/or positive mandates mentioned in the compromise to regulate their future mode of conduct were intended to be enforced as injunction then, notwithstanding the fact that no injunction is specifically granted under the decree, it must be held to be one for injunction. For doing so the court must only delve deeper in order to discover the true intent of the parties and that alone must be given effect to. In such cases, too strict an interpretation of the compromise petition must not be attempted and an allowance must always be made for infirmity of expression in the compromise petition."

86. In Ramaswami Iyengar Vs. Sree Rangachary, 1910(6) Indian Cases 681 Madras High Court said that a decree is executable notwithstanding the absence of an express clause to that effect.

87. In Abdul Shakoor Vs. Bijai Kumar, AIR 1964 SC 874 the Court had an occasion to consider executability of a compromise decree without any specific clause enabling execution. Clause 2 of compromise memo, filed in that case, had recorded that the mortgage properties are hereby sold for the amount of the decree in full satisfaction thereof and the defendants will execute a regular sale within ten days from this date. On failure of defendant to execute sale deed, the Apex Court held that decree can be executed and sale deed can be got executed through the intervention of Court.

88. In Gopinath Nair Vs. Madhavan, 1984 ILR (1) Ker 464 the Court said:

"A decree is the fruit of litigation. The rights under a decree have to be realised by execution unless the party liable readily discharges his obligation under the decree. A compromise decree is also a decree. In the normal course, parties fight to the last and the Court is called upon to give a decision on the issues involved. But when the parties compromise, the Court disposes of the suit in terms of the compromise. Simply because a decree is compromise decree, it cannot be said that the decree is not executable. It cannot also be said that unless there is a direction in the compromise decree, to execute and realise the right conferred by the decree, the decree cannot be executed."