SHYAM SUNDAR CHAUDHURY Vs. JUDHISTIR JENA

JUDGEMENT

(1.) This revisional application arises out of an order passed on an objection petition under Section 47, C.P.C. filed by the Judgment-debtors. The short question that falls for consideration is with regard to the question of executability of the decree.

(2.) The opposite parties as the plaintiffs filed Original Suit No. 247/72-I against the petitioners for a declaration that they are the sole owners in possession of the suit properties. The suit was compromised on the following terms:-

(3.) The suit was decreed on 23-12-75 in terms of the compromise and the compromise petition was made a Part of the decree. The plaintiffs-decree holders filed Execution Case No. 142 of 1978 for realisation of the aforesaid sum of Rs. 20,000/-. The defendants-Judgment debtors filed objection under Section 47, C. P. C contending that the portion of the compromise decree providing for payment of Rs. 20,000/- and charging the properties for realisation of the same was extraneous to the subject-matter of the suit and hence it could not be enforced by execution. The Executing Court by its order dated 7-12-79 overruled the objection on the finding that the provision in the decree for payment of Rs. 20,000/- to the plaintiffs was not extraneous to the suit and that the terms of compromise declaring the title and possession of the defendants and directing payment of Rs. 20,000/- to the plaintiffs were interconnected. Aggrieved by this decision, the plaintiffs-decree holders have come up in revision.