Proceedings in execution of decrees not affected
Full Text
Nothing in this Order shall apply to any proceedings in execution of a decree or order.
Plain English Summary
Expressly excludes execution proceedings from the operation of Order XXIII: post-decretal adjustments and settlements in execution are governed exclusively by Order XXI Rule 2 and Section 47 rather than Order XXIII Rule 3.
Key Legal Elements
- Inapplicable to Execution: Order XXIII Rule 3 compromise decrees cannot be recorded in execution.
- Precedence of Order XXI Rule 2: Post-decretal compromises and adjustments must be certified under Order XXI Rule 2.
- Withdrawal of Execution: Execution petition can be withdrawn and filed afresh at any time within 12 years without seeking Rule 1 liberty.
Practical Note
Compromises in Execution vs. Suits: Because Rule 4 bars Order XXIII in execution, an executing court cannot record a compromise under Rule 3. Out-of-court settlements during execution must be recorded as an 'Adjustment' under Order XXI Rule 2 within the 30-day limitation period under Article 125 of the Limitation Act.
हिंदी पाठ
इस आदेश की कोई भी बात किसी डिक्री या आदेश के निष्पादन की किन्हीं भी कार्यवाहियों को लागू नहीं होगी।