SANGHI ENTERPRISES Vs. S.M. KHAN

JUDGEMENT

(1.) PLAINTIFFS suit No. 255 of 1991 titled M/s. Sanghi Enterprises v. Sh. S.M. Khan, Property Dealer and another was decreed against the defendants by Sub-Judge Ist Class, Chandigarh vide his order dated 16.3.1995 and decree was drawn.

(2.) PLAINTIFF made application under Section 152 of the Code of Civil Procedure for amendment/rectification of the decree. It was alleged in this application that decree had been passed by the Court in view of compromise between the parties. As per statement dated 16.3.1995 made by Sh. S.M. Khan- defendant, interest was payable with effect from 19.9.1990 till realisation and the judgment was passed in the presence of the parties and their counsel S/Shri O.P. Ahluwalia and H.S. Awasthi which reads as follows :-

(3.) DEFENDANTS -JDs opposed this application alleging that it is a compromise decree and the judgment and decree proceeded on the terms agreed between the parties. Decree cannot be corrected so as to add any further liability on the JD.