Code of Civil Procedure, 1908–Sec. 47–Execution Proceeding–Objection application–Dismissed–Justification–Suit for specific performance of agreement–Decreed on the ground of compromise–Neither the compromise was signed by all the parties nor the satisfaction was recorded by the trial Court–Number of anomalies were also found in the decree–Indirect relief was sought against the defendant no. 1 however his signatures were not obtained on the compromise–Decree was not executable as it was passed without jurisdiction–Further, the execution Court was not to proceed the execution proceedings till the pendency of the proceedings u/s. 28–Impugned order passed by execution Court and decree are liable to be set aside.
