Supreme Court · 2005 INSC 626 · Decided 16 December 2005
N.K. Rajgarhia v. M/S. Mahavir Plantation LTD. and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 626 · [2005] SUPP. 5 S.C.R. 882
- Case number
- CIVIL APPEAL No. 7535/2005
- Decided
- 16 December 2005
- Bench
- S.B. SINHA, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 136
Headnote
Code of Civil Procedure, 1908-0rder XXlll Rule 4.-Recovery suiJ­ Compromise between parties and consent decree passed for half of the c· amount-Part payment made and thereafter, settlement in execution proceedings-Consent order Jo the effect that in case of default in payment, decree sought extension of time, grant of, by High Court­ Thereafter, judgment debtor paid amount in terms of consent order-However, claim of decree holder that original claim revived on default-Sustainability D of-Consent order, interpretation of-Held: Consent order is to be construed in
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