News By/Courtesy: Harshit Sharma | 17 Jul 2019 21:55pm IST

HIGHLIGHTS

  • The Delhi High Court held that as the trial court did not draw up the formal decree after passing the consent order, the Execution Petition filed by the 'decree-holder' was not maintainable.
  • The bench rejected the contention that the consent order is capable of being executable by Section 36 CPC; therefore, the High Court was not right in holding that the decree was required to be drawn.
  • The High Court, however, granted liberty to the 'decree-holder' to apply to the Trial Court under Section 152 of the Code for drawing up a decree in terms of the consent order.

In an appeal filed before the Supreme Court, a bench comprising Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari held that the high court was not right in holding that in the absence of a formal decree not being drawn or/and filed, the decree-holder had no right to file the Execution petition on the strength of the consent order. In the instant matter, the Delhi High Court held that as the trial court did not draw up the formal decree after passing the consent order, the Execution Petition filed by the 'decree-holder' was not maintainable. The High Court, however, granted liberty to the 'decree-holder' to apply to the Trial Court under Section 152 of the Code for drawing up a decree in terms of the consent order. The bench rejected the contention that the consent order is capable of being executable by Section 36 CPC; therefore, the High Court was not right in holding that the decree was required to be drawn.


Section Editor: Sandeep G | 17 Jul 2019 21:58pm IST


Tags : #Legal

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