Under section 36 Civil Procedure Code, 1908, the provisions of the Code relating to the execution of decree are also applicable to orders.

Moreover, this Court in the judgment syled as Khawar Saeed Raza Vs. Wajahat Iqbal (2003 CLC 1306) clinched the identical controversy in hand while concluding as under:-

 Compromise is admitted which became part of the order, which stipulated the withdrawal of the suit by the respondent. Under section 36 Civil Procedure Code, 1908, the provisions of the Code relating to the execution of decree are also applicable to orders. Even if there was no decree in existence an order disposing of the suit in terms of the compromise is very much there, binding upon and operative qua the parties. In Kilachand Devchand and Co. V. Ajodhuaprasad Sukhamnand and others AIR 1934 Bombay 452, it was observed that if the Court had jurisdiction to make the order it had necessarily the power and jurisdiction to enforce the same and the law does not allow its machinery to be clogged in this respect. Likewise in Ranjit Singh Hazari and others V. Juman Meah and another PLD 1961 Dacca 842 section 36 of the Civil Procedure Code was considered by the learned Division Bench of the then High Court of Dacca (East Pakistan) and it was observed that the provisions regarding execution of decree were applicable to orders as well.

Part of Judgment 

IN THE LAHORE HIGH COURT AT LAHORE JUDICIAL DEPARTMENT

Civil Revision (Against Interim Order) Decree US. 115 C.P.C
2396929.2081-16

2018 LHC 343