Civil Procedure Code, 1908, Section 47

Civil Procedure Code, 1908—Section 47—Premature execution in respect of a compromise decree—While relying on the judgments in the case of Chen Shen Ling v. Nand Kishore Jhajharia AIR 1972 SC 726 and Jai Narain Ram Lundia v. Kedar Nath Khetan AIR 1956 SC 359, the learned senior counsel for the respondent, in the present case, has propounded that the executing court could not have passed any order on the application for execution as it was filed prior to the expiry of the period—Pyramiding the said submission, it is urged by him that such advertence in an execution proceeding frustrates the construction of the terms of the decree—Held, in both the decisions, the issue pertained to the nature of order to be passed by the executing court or the type of direction to be issued by it—The ratio enunciated therein does not remotely deal with the filing of an execution petition in respect of a compromise decree prior to the expiry of the date as stipulated in the terms and conditions of the decree—Hence, there is no scintilla of doubt that the said authorities do not support the stand so vehemently put forth by learned senior counsel for the first respondent.