DORAISAMI MOOPAN Vs. SUBBALAKSHMI PALAYEE AMMAL

JUDGEMENT

(1.) The agreement in question was not to further prosecute the suit, that is, not to obtain a decree in the suit. The decision in Chidambaram, Chettiar v. Krishna Vathiyar 37 Ind. Cas. 836 : 40 M. 233 : 21 M.L.T. 24 : 5 L.W. 132 : (1917) M.W.N. 44 : 32 M.L.J. 13 does not apply, as the agreement before decree in that case was to the effect that a decree was to be passed but the decree so obtained was not to be executed.

(2.) The question, whether there was an agreement which prevented a decree itself being passed in the suit, cannot be gone into in, execution.

(3.) The former decree, however, as against the respondents Nos. 4 to 7 (defendant s Nos. 5 to 8) has been set aside by the decree in a fresh suit. On this ground this appeal is dismissed against them.