SURJIT SINGH Vs. RAKESH KUMAR

JUDGEMENT

(1.) The petitioner has challenged order of learned civil judge (senior division) Moga dated 27.11.2009, whereby an application filed by the respondent under Section 33 read with Sections 151, 152 and 153 of the Code of Civil Procedure, 1908 (for short 'CPC') was allowed and decree-sheet was ordered to be prepared.

(2.) Brief background of the case is that respondent filed a suit for specific performance against the petitioner, which was decreed on 21.11.2003 on the basis of a compromise Ex. CX. However, inadvertently, decree sheet was not ordered to be prepared. Respondent/decree holder filed an execution application. The petitioner/judgment debtor had filed objection in respect of the decree which led to the filing of the present application.

(3.) The application filed by the respondent has been allowed by the learned court below on the ground that inadvertently, decree has not been prepared in terms of the compromise between the parties and for that purpose relied upon a decision of the Apex Court in the case of S. Satnam Singh and Anr. v. Surender Kaur and Anr., 2009 AIR(SC) 1089 , wherein it is held that the Court should always be ready and willing to rectify the mistake it has committed.