compromise decree, a fresh cause of action arose in his favour. There was no occasion for Damri Lal to have the compromise decree executed since ... earlier decree obtained by the plaintiff for possession which decree had been complied with. In fact, there will be no question of executing the earlier
under clause 15 of the
compromise decree. The decree is sought to be executed by
directing the Bank of India to immediately ... decree holder to have the
fruits of the decree should be preferred, but the same will have no
application to compromise decree. The decree holder
compromise. He did not do so but merely ordered that the suit be decreed in terms of the compromise and that the decree be executed ... entire compromise by reference. We think that, although the learned Judge did not expressly give effect to the entire compromise as an executable decree, nevertheless
terms of the decree. Thus, the compromise decree was never acted upon, and therefore, also it could not be executed.
13. Yet, another argument made ... decree permitting the decree-holder to do so? Excitability is one of the main incidences of a decree, whether it is a compromise decree
Rajeshwari Prasad, J:--
1. That the compromise decree was a conditional one and the decree was not executable.
2. That the execution application was barred ... accordance with the terms of the compromise decree. The decree-holder was allowed one month by the executing Court to file a copy
compromise decree, a fresh cause of action arose in his favour. There was no occasion for Damri Lal to have the compromise decree executed since ... earlier decree obtained by the plaintiff for possession which decree had been complied with. In fact, there will be
no question of executing the earlier
defendant No. 4 executed in favour of the plaintiff was executed in accordance with the terms of the compromise decree. Hence, it is argued ... against them a decree in terms of a compromise entered in to between them and the plaintiff. By that compromise decree it was ordered that
contract or not, a decree is a decree after all and no Court executing a decree can go behind it. There seems ... compromise decree. In entertaining a plea that one of the terms of the compromise contains a penal clause, the Court executing the decree does
terms of the compromise. Simply because a decree is a compromise decree, it cannot be said that the decree is not executable. It cannot also ... direction in the compromise decree, to execute and realise the right conferred by the decree, the decree cannot be executed."
12. The emerging position
which was subject matter of the compromise decree was being enjoyed in terms of the said compromise decree and there was no obstruction whatsoever ... allotment in the said decree. The pleadings further disclose that the compromise decree was fully executed and subsequent thereto there was fresh cause of action
