Summary
Failure to draw a formal compromise decree did not render the pending execution application unmaintainable. Until formal preparation, the compromise judgment could operate as the decree by applying the principle of Order XX rule 6-A(2). A formal decree nevertheless remained necessary and was to be obtained through section 151 and Order XX rule 6-A, rather than the clerical-error correction power. The tenant’s objections were rejected, with reduced costs and a defined final period to vacate.
Issues
- Whether execution could proceed before the formal compromise decree was drawn.
- How the procedural omission should be cured and what relief followed.
Provisions considered
- Order XX rules 6, 6-A and 7; Order XXI rule 11(2)–(3), Code of Civil Procedure, 1908Supported maintaining execution on the judgment during the interregnum, with required particulars and a certified decree copy if demanded by the court. (¶¶ 25–32, 42, 54)
- Order XXIII rule 3, Code of Civil Procedure, 1908Required recording the compromise and passing a corresponding decree; the compromise order did not eliminate the obligation to draw the decree. (¶¶ 25, 34–37)
Held
- The appeal-related principle in Order XX rule 6-A(2) also applied to execution: the judgment could have the effect of a decree until the formal decree was drawn. Certified-copy production was required only if the executing court directed it. (¶¶ 27–32, 42)
- A compromise required a corresponding decree. Where none had been drawn, the remedy was an application under section 151 read with Order XX rule 6-A, not section 152 to correct an error in an existing instrument. (¶¶ 34–37, 43–49)
- The execution objections lacked substance and were delay tactics after repeated time extensions. Costs were justified but Rs.5 lakh was excessive and was reduced to Rs.50,000 payable to the landlord. (¶¶ 40–41, 50–51)
- The landlord had two weeks to apply and the court one week thereafter to draw the formal decree without reopening disputes. Execution would then take effect, allowing one month after formalities for vacation with all rent arrears paid. (¶ 54–55)
Result
Appeal allowed; High Court order set aside and execution restored subject to formal decree preparation. Costs reduced to Rs.50,000 payable within one month. Decree application within two weeks and drawing within one week thereafter; tenant allowed one month after formalities to vacate after paying arrears.