VIMALA HENGSU Vs. CHANDRAMATHI

JUDGEMENT

(1.) This is a revision filed by the legal representatives of the first defendant in O. S.73/57. The said suit was a suit for partition. The respondents in this revision petition are the plaintiffs. O. S.73/57 was ended in compromise and a compromise decree followed.

(2.) The challenge raised in this revision is against the order of the execution court holding that the compromise decree is executable. The revision petitioner offers three contentions: (1) The decree is not executable;

(3.) The suit was for partition of certain items of properties belonging to the plaintiffs and defendants. Certain items were scheduled in the plaint. The compromise decree no doubt takes in properties not scheduled in the plaint. The compromise decree comprehends also items of properties scheduled in the written statement of defendants 2 to 10.