- (1.) This appeal by certificate arises from an execution proceeding. The judgment debtor is the appellant and the respondent is the decree-holder. The decree under execution is a compromise decree passed by the High Court of Calcutta on its original side in Suit No. 309 of 1960.
(2.) The judgment debtor had objected to the execution of the decree primarily on the ground that the decree includes properties which were not included in the suit and the decree having not been registered, it is not executable. Both the trial court and the High Court in appeal have rejected the contention of the appellant.
(3.) Now coming to the decree under execution clause (1) therein provides: "There will be a decree in favour of the plaintiff for Rs. 2,50,000/- on account of advance and other sums including Commission payable upto date in full and final satisfaction of the plaintiff's claim as aforesaid.";