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Head Note

The Code of Civil Procedure, 1908  - Order XXIII Rule (3) , Order XXI Rule (90) , Section 47

Pre-mature execution of decree - Time of six month stipulated for execution of decree - Executing Court can entertain the application before expiry of six months - Money suit - Parties entering compromise - Defendant undertook to pay the amount within six months - Compromise decree passed accordingly - Execution application, however filed before expiry of six months - Executing Court entertained the pre-mature application - By the time the matter was taken up and the order came to be passed, the decree had become mature for execution - Held, executing court committed no error in entertaining the application.

Topic(s)-Pre-mature Execution of Decree

Important Decision(s)- CPC, 1908 - Order 21, Rule 90 - Pre-mature execution of decree - Money suit - Defendant undertook to pay the amount within six months - Executing Court entertained the pre-mature application - By the time the matter was taken up and the order came to be passed - No error.