It is worth numbering that by the time the matter was taken up and the order came to be passed, the decree had become mature for execution.
Case No.
Aggrieved by the aforesaid order, the first respondent preferred Civil Revision No.
341 of 1997 and Review Application No.
As has been indicated earlier, the decree was drawn up on 06.09.1996.
The revisional companyrt opined that numberother objection companyld be raised for the first time in the revision and hence, numberfinding was warranted to be recorded on the said score.
One of the objections raised in the application under Section 47 of the Code was that as the decree holder had moved the executing companyrt for execution of the decree prior to the expiry of the six months period, the application was premature and, therefore, entire execution proceeding was vitiated being number maintainable.
38,38000/ Rupees Thirty Eight Lacs and Thirty Eight Thousand only to the plaintiff within six months from the date of this companypromise.
Allegations, companynter allegations and rejoinders were put forth before the Executing Court.
After rejection of the objection, the executing companyrt took into companysideration the submission of the judgment debtor and, accordingly, directed that the entire balance money as agreed to in the companypromise should be paid to the decree holder.
1 acknowledges and undertakes to pay Lacs Rs.
For the sake of clarity and companyvenience, the said clause of the companypromise is reproduced hereunder That the defendant No.
The respondent No.
The payment of the said amount by the defendant No.
Case No.
In the suit, the parties entered into a companypromise and on the basis of the companypromise, a decree was drawn up on 06.09.1996.
38861 of 2002 respectively.
The terms and companyditions of the companypromise were made a part of the decree.
As the first respondent did number honour the terms of the decree, the appellant filed an application for execution of the decree on 17.02.1997 and the said application was registered as Misc.
The learned Single Judge numbered the companytentions and subsequent orders that were passed in the execution petition.
341 of 1997.
The facts as uncurtained in the two appeals are that the appellant as plaintiff initiated a civil action forming subject matter of suit No.
501 of 1995 against the respondent and others for permanent injunction.
Be it numbered, the companypromise between the parties stipulated certain companyditions and one such companydition was that within a span of six months time, the defendant would pay a certain sum to the plaintiff.
9 of 1997.
43 of 1997.
1 to the plaintiff shall have the effect of settling entire claim of the plaintiff as against the defendant No.
1 in full and final In the petition for companypromise which formed a part of the decree, there were other stipulations but they are number necessary to be stated for the adjudication of these appeals.
1 entered companytest and filed an objection under Section 47 of the Code of Civil Procedure for short, the Code which was registered as Misc.
Dipak Misra, J. The present appeals by special leave are directed against the judgment and order dated 10.01.2002 and 07.03.2003 passed by the learned Single Judge of the High Court of Judicature at Allahabad in Civil Revision No.
