Case Note & Summary
The revision petitioners, legal representatives of the deceased defendant S.K.Krishnan, challenged the order of the executing court in E.P.No.3975 of 2022 in O.S.No.3426 of 2009, which directed sale of their property. The original suit was for recovery of money, and a joint memo of compromise was entered into on 18.06.2009, followed by a consent decree on 09.07.2009. The petitioners contended that the decree did not specify the amount due, and thus the execution petition for sale of property was not maintainable. The respondent/decree holder argued that the consent decree was binding and the executing court could not go beyond it. The High Court, relying on Pushpa Devi Bhagat (Dead) through LRs versus Rajinder Singh and others (2006) 5 SCC 566 and Deepa Bhargava and another vs. Mahesh Bhargava and others (2009) 2 SCC 294, held that a consent decree cannot be challenged in appeal or by separate suit, and the executing court must execute the decree as it is. The court found that the joint memo of compromise contained a mechanism for determining the amount due, and the executing court had correctly ordered sale. The revision petition was dismissed with costs of Rs.25,000.
Headnote
A) Civil Procedure - Execution of Consent Decree - Joint Memo of Compromise - The executing court cannot go beyond the decree and must execute it as it is. A consent decree, even if it does not specify the exact amount, is executable if the joint memo of compromise provides a mechanism for determining the amount due. The legal representatives of the judgment debtor are bound by the consent decree entered into by their predecessor. (Paras 6-8) B) Civil Procedure - Consent Decree - Bar on Challenge - Under Order 23 Rule 3A CPC, no appeal lies against a consent decree, and no independent suit can be filed to set it aside. The only remedy is to apply to the same court under Order 23 Rule 3A CPC. (Para 6) C) Civil Procedure - Executing Court's Power - The executing court cannot vary or modify the terms of the decree. It must execute the decree as it is, even if the decree is ambiguous or silent on certain aspects. (Para 7)
Issue of Consideration
Whether a consent decree that does not specify the amount due is executable, and whether the legal representatives of the judgment debtor can resist execution on that ground.
Final Decision
The Civil Revision Petition is dismissed with costs of Rs.25,000. The order of the executing court dated 25.09.2025 in E.P.No.3975 of 2022 is confirmed.
Law Points
- Consent decree cannot be challenged in appeal or separate suit
- Executing court cannot go beyond decree
- Joint memo of compromise is part of decree
- Legal representatives bound by consent decree of predecessor
