In Kalyan Das v. Gangabai, AIR 1961 Madh Pfa 67 it has been held that in a suit by transferees of interest of some partners in a partnership property for dissolution of partnership and accounts, the parties arrived at a compromise during the pendency of second appeal against the preliminary decree. The settlement, provided inter alia for the payment by the judgment-debtors of a sum of money by way of profits of a partnership property upto the date of the final decree and also another amount for the entire costs of the suit of the original court as well as of the first appellate Court. The compromise also provided for the transfer of the share of the decree-holders in the assets of the partnership property to the judgment-debtors for a consideration. The whole of the decretal amount was charged on the subject-matter of the suit i.e. the partnership property. It was held that even if a consent decree incorporates matters extraneous to suit the same is executable and it would not be open to the executing court to go behind the decree.
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Allahabad High Court
Bishambhar Nath Agarwal vs Kishan Chand And Others on 23 October, 1989
Equivalent citations: AIR 1990 All 65
Bench: N Mithal, G Dube
