SARJIT Vs. RAMANAND

JUDGEMENT

(1.) Ramanand resp's. suit to pre-cmpt a sale was decreed by the Subordinate Judge of Rohru against the present petnr. Sarjit, the vendee, on condition of his depositing the purchase money within two months. The deposit was made beyond the prescribed time and Ramanand's prayer in execution of the decree for possession of the property was resisted by Sarjit on that ground. Sarjit's objection has been dismissed both by the Ct., executing the decree & by the appellate Ct. the Senior Subordinate Judge, Rampur, on the ground that Ramanand had within the prescribed time made an offer both of payment to Sarjit & of deposit in the Ct. which passed the decree, but that both the offers had been wrongfully refused. Sarjit has, therefore, come up to this Ct. in revn.

(2.) On one of the dates fixed for the hearing of this revn. it was stated by the learned counsel for the parties that a compromise had been arrived at, & they wanted time to enable the petnr. to file the compromise. The revn. was accordingly adjourned, but on the adjourned date no compromise was filed & it was contended, by the learned counsel for the resp. that the certification of the adjustment & the recording of that adjustment as duly certified now lay within the jurisdiction of the execution Ct. under Order 21, Rule 2, Civil P. C., & that no interference by this Ct. in exercise of to revisional jurisdiction was any longer called forth because Order 23 of the Code did not apply to proceedings in execution of a decree or order in view of Rule 4 of that order.

(3.) On the other hand, it was contended by the learned counsel on behalf of the petnr. that as Order 23, Rule 3 of the Code applies to appeals (as no doubt it does, as held in Uttam Singh v. Munshi, A. I. R. (12) 1925 Lah. 145), it should also apply to revns. &, therefore this Ct. as a Ct. of revn. is empowered under that Bale to determine the terms of the compromise which has admittedly been, arrived at between the parties, to record the terms of that compromise & to pass a decree in accordance therewith.