REGENT COMPUTRONICS PVT. LTD.

RASHID AHMAD Appellant

V/S

MUNSIF MUZAFFARNAGAR Respondents

Referred Judgements :-

TEJ CHADDHA V. SMT. SIDDHESHWARI [REFERRED TO]
LIKEWISE IN SMT. KALLOO V. DHAKA DEN [REFERRED TO]
DEORAO V. AMBADAS [REFERRED TO]
MUNSHI LAL V. AHMAD MIRZA BEG [REFERRED TO]
SHRI GANDHI ASHRAM,MEERUT V. RAM GUPTA [REFERRED TO]
FATEH CHAND VS. BALKISHAN DASS [REFERRED TO]
KONCHADA RAMAMURTY SUBUDHI DEAD VS. GOPINATH NAIK [REFERRED TO]
ROSHAN LAL VS. MADAN LAL [REFERRED TO]
SARDAR KARTAR SINGH VS. PHOOLWATI [REFERRED TO]
SHIVA J MAHARAJ GAURI SHANKER MAHADEOJI VS. DURGA PRASAD [REFERRED TO]
GAJANAN GOVIND PATHAK VS. PANDURANG KESHAV PUNTAMBEKAR [REFERRED TO]
MOHIUDDIN VS. MTKASHMIRO BIBI [REFERRED TO]

JUDGEMENT

(1.) THIS writ petition was initially heard by a learned single Judge who referred the following two questions for decision by a larger Bench i (a) Whether a compromise decree which contained a default clause would be invalid to the extent of that clause and the default clause would be unenforceable ? and (b) Whether the executing court could go behind a decree and refuse to execute the decree containing the default clause ? That is how the case has come before us.

(2.) AS the learned single Judge who made the reference has since reverted to the Bar we are of the opinion that in order to avoid further delay in the final hearing of the case it would be expedient that this Bench should dispose of the entire case instead of answering only the question referred to above.

(3.) BOTH the courts below rejected the objection. The present writ petition was filed challenging those two orders passed in execution.

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RASHID AHMAD Vs. MUNSIF MUZAFFARNAGAR

Referred Judgements :-

JUDGEMENT

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