(Querist) 05 July 2021
This query is : Open
A, B, C are family members in which C is a female member. D is the minor daughter of C and E is father of D. Now A, B, C have compromised under order 23 rule 3 of CPC in a civil case in December 2017. In compromise deed they agreed that -
1- A will execute the sale deed of his share in land to minor D under the patronage of C and E in one year.
2- That A and B will give some money to C after the resolution of this matter.
3- If terms of the agreement are violated by any of the parties then the agreement will be void and ineffective.
Court recorded the first two point only but not recorded third point from the above agreement and ordered and decreed that -
1- D received share of A in land according to agreement which will be owned and controlled by her and in this regard A will execute the sale deed in the name of D.
2- According to the agreement A and B will give some money to C.
3- Submitted agreement will be part of the decree.
Now the questions is -
1- what is the time limitation to execute sale deed and to give money, 12 years, 3 years, 4 years or 13 years ?
2- Third point of agreement will be applied or not in execution of the decree ?
3- D is minor and E is father of D and both were neither a party in civil case and nor in compromise petition. Limitation period will be applied on both or not as per compromise petition or decree. If yes then What limitation period will be applied for D and E to execute the decree.
Advocate Bhartesh goyal
(Expert) 06 July 2021
( 1 ) No time limit has been fixed in compromise petition ( Agreement ) to perform the terms and conditions and beside this compromise has taken the shape of decision of court ( decree ) in which also no time limit has been fixed to Perform terms of compromise.Courts degree can be executed with in 12 years from the date of decision. ( 2 ) As. Court has not accepted condition no 3 of compromise petition so it will not apply and have no binding effect.
(Querist) 06 July 2021
Sir review the first point of compromise petition (agreement). Time is given to execute the sale deed in one year.
(Expert) 06 July 2021
Who was the plaintiff and who, the defendants? What was the cause for the action and what were the reliefs sought?
Dr J C Vashista
(Expert) 07 July 2021
As per condition No 1, A has to execute sale deed in favour of D, within one year of the compromise, wherein D is not a party being minor.
No limit has been passed in the compromise decree qua condition No 2, even than it can not be extended beyond 3 years.
Since the decree has been passed on a compromise, terms and condition set therein shall form part of judgment / decree, consequently question of execution / appeal or any other proceeding are barred.
(Querist) 07 July 2021
sir, If there is any way to execute the decree for D and E then please reply. Because D is minor and E is father of D and both were not a party in compromise.
T. Kalaiselvan, Advocate
(Expert) 13 July 2021
1. The time granted by court for the A to act as per the decree is one year, hence D can file an execution petition only after the expiration of the one year period if A fails to comply with the court order. 2. Since the third point has not been considered by court and has not found a place in the decree, it cannot be considered.
(Querist) 14 July 2021
Sir, then what will be the time limitation to execute the decree for D. D is minor and E is father of D and both were neither a party in civil case and nor in compromise petition. Limitation period will be applied on both or not as per compromise petition or decree. If yes then What limitation period will be applied for D and E to execute the decree.