High Court Madras High Court

Subbanarayana Aiyar vs Maya Thevan Alias Mayandi Thevan … on 15 July, 1915

Madras High Court
Subbanarayana Aiyar vs Maya Thevan Alias Mayandi Thevan … on 15 July, 1915
Equivalent citations: 30 Ind Cas 263
Bench: Oldfield, S Aiyar


JUDGMENT

1. It is argued that the provisions in the compromise petition were made part oft eh decree and are, therefore, executable with it. But the decree, through it makes executable its terms only so far as
they relate to the suit against defendant?. And we cannot find that the terms 7 and 8 relate to it either directly or, as the District Munsif held, indirectly as indicating a quid pro quo, on which the settlement of the plaint claim was based. In these circumstances we agree with the learned District Judge and dismiss the appeal against appellate order with costs.