Swami Sadashiva Brahmendra Sar (Nil) 27 March 2010

Power of court after passing compromise decree

A compromise decree was made by the court, according to which one party to the suit had accepted to pay certain amounts to the other party in instalments. He paid few instalments but was unable to pay last instalment within due date. Kindly, adivise, what should he do?

can he apply to the court under s 147, CPC for extention of time ?

what possible legal action can be by the other party against non compliance of compromise decree?

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3 Replies

Suryanarayana Tangirala (Advocate) 27 March 2010

Can Proceed against him by filing E.P Sir, court will not become Functus Officio so Petition U/S.148 of C.P.C can as well be used by J,Dr

Chirag Bhatt (Lawyer Gujarat High Court) 27 March 2010

U/S 148 of C.P.C. , it is the discretionary power of the court to enlarge the period bt not exceeding thirty days in total. Thus he can apply for the same.