Ram Dass and Ors vs Mathura Lal and Ors

BHAGWATI, J.-The only question which has been decided by the High Court in the judgment under appeal is whether the application for recording adjustment or payment under the consent decree dated January 22, 1963 passed in favour of the respondents against the appellants was barred by limitation or not. We do not think that it is necessary to decide this question here, because we understand that an execution application has already been filed or is shortly going to be filed by the respondents against the appellants and in answer to this execution application, it will be open to the appellants to contend on merits that they have complied with the terms of the decree and the decree is, therefore, satisfied and hence nothing remains to be paid by the appellants to the respondents under the decree. The respondents will not be entitled to raise an objection to the consideration of this contention on the ground that no application under Order 21, Rule 2 of the Code of Civil Procedure was made by the appellants within time and the adjustment or payment under the decree was not recorded by the court on such application. But, at the same time, we may make it clear that it will be open to the respondents to urge before the executing court that the appellants have not complied with the terms of the decree and, therefore, the decree has not been satisfied. The respondents admit having received an aggregate sum of Rs 1,01,000 (Rupees one lakh and one thousand) from the appellants, but they contend that this amount has not been paid in accordance with the terms of the decree and also that the entire amount payable on or before January 31, 1966 has not been so paid. This is a question which will have to be decided by the executing court in the execution application filed by the respondents. The execution application will be disposed of by the Court on merits at a very early date. There will be no order as to costs of the appeal.