the decree got extinguished and became inexecutable, the germane question that should be asked is whether the compromise was recorded by the court whose duty it is to execute the decree. 12. As long back as in 1939, the Privy Council in Oudh Commercial Bank Ltd. v. Thakurain Bind Basni Kuer [(1938-39) 66 IA 84 : AIR 1939 PC 80] laid down the law on the subject as follows: “If it appears to the court, acting under Section 47, that the true effect of the agreement was to discharge the decree forthwith in consideration of certain promises by the debtor, then no doubt the court will not have occasion to enforce the agreement in execution proceedings, but will leave the creditor to bring a separate suit upon the contract. If, on the other hand, the agreement is intended to govern the liability of the debtor under the decree and to have effect upon the time or manner of its enforcement, it is a matter to be dealt with under Section 47. In such a case to say that the creditor may perhaps