Kantibhai C. Patel v. Gulamhusein Brothers, Civ. App. 12-D-68, -/8/68, Hamlyn J.

Kantibhai C. Patel v. Gulamhusein Brothers, Civ. App. 12-D-68, -/8/68, Hamlyn J.

By the consent of the parties involved, the Rent Tribunal made an order which the appellant sought to set in the District Court as a nullity and incompetent because it was, he alleged, incapable of execution. The District Court refused to vary or discharge the order.

            Held: The questioning of the validity of a decree by an executing court is against public policy. But if some good cause is shown, which must be a change of circumstances which could not have been envisaged by the parties at the time the original order was made, a consent order can be varied by a court a called upon to execute it. As the appellant raised no arguments to show change of the terms of the original order work a hardship upon him, the refusal of the District Court to vary the order was justified. Appeal dismissed with costs.