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february 1996

Supreme Court of India · 1996-02-16

GHANSHYAM JAISWAL vs KAMAL SINGH

Citation / case number
SC 1995/16363
Court
Supreme Court of India
Petitioner
GHANSHYAM JAISWAL
Respondent
KAMAL SINGH
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that once a party has entered into a compromise and suffered a decree based on that compromise, they are precluded from raising further objections regarding the executability of the decree under the principle of constructive res judicata as per Explanation VI to Section 11 of the CPC. The Court found that the High Court erred in allowing the respondent's revision against the execution application, thereby upholding the execution of the compromise decree. The appeal was allowed, and the High Court's order was set aside.

GHANSHYAM JAISWAL vs KAMAL SINGH · Niyam