YAJAMAN MOTHI AJJAPPA Vs. CHANGALAPPA

JUDGEMENT

(1.) This is a revision by the judgment debtor against the order dated 31-10-1984 passed by the Civil Judge, Davangere, in Execution Case No. 265 of 1983 over-ruling the objections of the judgment debtor.

(2.) The respondent decree holder filed a suit in O. S. No. 62 of 1980 on the file of the Civil Judge, Bellary, to recover money on the basis of a pronote, against the judgment-debtor-revision-petitioner. The judgment-debtor had filed a written statement in the said suit. It appears that on 12-10-1982, the Advocates appearing for the decree-holder and the judgment debtor, filed a compromise petition in the Court signed by themselves, but not signed by the parties. The Court of the Civil Judge recorded the compromise and passed a decree in terms of the compromise. That compromise decree passed by the Court of the Civil Judge, Bellary, was transferred to the Court of the Civil Judge, Davangere for execution. The Execution is numbered as Execution Case No. 265 of 1983.

(3.) The judgment-debtor-revision-petitioner contended that the said compromise decree was not one passed in accordance with law and that it was in violation of Order 23 Rule 3 C.P.C. as the parties themselves had not signed it. He, however, contended that the compromise decree sought to be executed, was not a valid one.