PADMA BEN BANUSHALI vs YOGENDRA RATHORE

The Supreme Court addressed the issue of the executability of a decree under Section 115 CPC, holding that a prior application under Order XXIII Rule 1 CPC did not constitute a conscious waiver of the right to execute the decree. The Court emphasized that adjustments must be certified by the Executing Court, and since no such certification was provided, the decree remained executable. The appeal was allowed, overturning the High Court's finding of in-executability based on alleged waiver.