MOTI LAL BANKER versus MAHRAJ KUMAR MAHMOOD HASAN KHAN

MOTI LAL BANKER versus MAHRAJ KUMAR MAHMOOD HASAN KHAN

A compromise in execution proceedings by which the judgment-debtor undertakes to pay interest at a rate higher than that in the decree is enforceable in execution, provided it is recorded as adjustment of the decree under Order 21 Rule 2 CPC within limitation by the executing court.

Parties
Appellant: Mod Lal Banker; Respondent: Mahraj Kumar Mahmood Hasan Khan
Jurisdiction
India
Judgment Date
09 February 1968
Procedural Posture
Civil Appeal / Appeal From Judgment and Decree Dated September 17, 1963 of the Allahabad High Court in First Execution Decree Appeal No. 11 of 1956
Outcome
Appeal allowed
Legal Topics
Execution of Decrees, Compromise Agreement, Interest Rates, Adjustment of Decree
Civil Procedure Execution of Decrees Compromise Agreement Interest Rates Adjustment of Decree

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Parties

Mod Lal Banker

Appellant

Mahraj Kumar Mahmood Hasan Khan

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Decree Dated September 17, 1963 of the Allahabad High Court in First Execution Decree Appeal No. 11 of 1956

Legal Issues

  1. 1 Whether a compromise entered in execution proceedings, wherein the judgment-debtor agrees to pay interest at a rate higher than that in the decree, is enforceable in execution proceedings

Ratio Decidendi

A compromise in execution proceedings by which the judgment-debtor undertakes to pay interest at a rate higher than that in the decree is enforceable in execution, provided it is recorded as adjustment of the decree under Order 21 Rule 2 CPC within limitation by the executing court.

Court Disposition

Appeal allowed

Orders

  • It is declared that the compromise of May 29, 1954 can be enforced in the execution proceedings.
  • The appellant is awarded costs.