Kevin Moses Paul
09 August 2021
As per your query, let me drag you're attention to something that might interest you. In the matter of Maharaj Kumar Mahmud Hasan Khan vs Moti Lal Banker on 7 July, 1960 the Allahabad High Court held that -
"A compromise may give rise to a formal determination, e.g. a decree, but is note itself a decree and cannot be executed. Even in a suit, in which parties are allowed to compromise, the compromise itself is not a decree but Ss to be followed by a decree incorporating the liability, agreed to by them. The determination of a liability, when there is a compromise in a suit, may appear to be a mere formal matter but is not so because the court has to determine whether the suit has been adjusted at all by the compromise and whether it is lawful or not".
However, as a matter of fact the date of the decree is the date of judgment for the purpose of execution though it can be signed anytime later even by a successor judge though it should be given within 15 days.
Therefore, in case the Decree has not yet passed in your case, you gotta wait for it but in case, the Decree has been passed then the detailed Judgement will be followed up within the above-mentioned time period.
Hope It Helps!
Regards
Kevin M. Paul
