DR. GHANSHYAM JAISWAL versus KAMAL SINGH

DR. GHANSHYAM JAISWAL versus KAMAL SINGH

The respondent, having entered into a compromise and suffered a decree, and after unsuccessfully raising the plea of non-executability, is precluded by constructive res judicata from raising any other plea regarding executability of the decree.

Parties
Appellant: Dr. Ghanshyam Jaiswal; Respondent: Kamal Singh
Jurisdiction
India
Judgment Date
16 February 1996
Procedural Posture
Civil Appeal / Appeal From Order of Madhya Pradesh High Court Dated 21.6.95 in C.r. No. 1252 of 1994
Outcome
Appeal allowed
Legal Topics
Execution of Decree, Constructive Res Judicata, Compromise Decree
Civil Procedure Execution of Decree Constructive Res Judicata Compromise Decree

Case Brief

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Parties

Dr. Ghanshyam Jaiswal

Appellant

Kamal Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of Madhya Pradesh High Court Dated 21.6.95 in C.r. No. 1252 of 1994

Legal Issues

  1. 1 Whether the respondent is entitled to raise the plea of vagueness and non-executability of the compromise decree in execution proceedings

Ratio Decidendi

The respondent, having entered into a compromise and suffered a decree, and after unsuccessfully raising the plea of non-executability, is precluded by constructive res judicata from raising any other plea regarding executability of the decree.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Appellant at liberty to have the decree executed with assistance of the police