Click here to see the full judgement on SC website Deepa Bhargava and Anr. Vs. Mahesh Bhargava and Ors. Civil Procedure Code, 1908 Order XXXIII Rule 3 – Contract Act, 1872 – Section 74 – Powers of executing court – Consent decree containing interest stipulation Held: An executing court, it is well known, cannot go behind the decree. It has no jurisdiction to modify a decree. It must execute the decree as it is. A default clause contained in a compromise decree even otherwise would not be considered to be penal in nature so as to attract the provisions of Section 74 of the Indian Contract Act. (Para 11) Even assuming that the term stipulating payment of interest in the event the entire amount was not paid within a period of six months is penal in nature, the Executing Court was bound by the terms of the decree. (Para 13) Click here to see the SC web site

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