The Code Of Civil Procedure 1908
Order 21 :
Rule 2 :
Payment out of Court to decree-holder :
(1) Where any money payable under a decree of any kind is paid out of Court. 1.[or decree of any kind is otherwise adjusted] in whole or in part to the satisfaction of the decree-holder, the decree-holder shall certify such payment or adjustment to the Court whose duty it is to execute the decree, and the Court shall record the same accordingly.
(2) The judgment-debtor 1.[or any person who has become surety for the judgment-debtor] also may inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decreeholder to show cause, on a day to be fixed by the Court, why such payment or adjustment should not be recorded as certified; and if, after service of such notice, the decree-holder fails to show cause why the payment or adjustment should not be recorded as certified, the Court record the same accordingly.
2.[(2A) No payment or adjustment shall be recorded at the instance of the judgment-debtor unless. -
(a) the payment is made in the manner provided in rule 1; or
(b) the payment or adjustment is proved by documentary evidence; or
(c) the payment or adjustment is admitted by, or on behalf of, the decree-holder in his reply to the notice given under sub-rule (2) of rule 1, on before the Court.]
3.[(3) A payment or adjustment, which has not been certified or recorded as aforesaid, shall not be recognized by any Court executing the decree.]
State Amendment :
High Court Amendments-[Bombay] :
In Order XXI, for the existing sub-rule (2) of rule 2, substitute the following:
"(2) The judgment-debtor or any person who has become surety for judgment-debtor may also inform the Court by an application in writing supported by an affidavit of such payment or adjustment and apply to the Court to issue a notice to the decree-holder to show cause on a date to be fixed by the Court, why such payment or adjustment should not be recorded as certified; and if, after service of such notice, the decree-holder fails to show cause why the payment or adjustment should not be recorded as certified, the Court shall record the same accordingly."-(1-10-1983).
[Delhi] :
Same as that of Punjab.
[Himachal Pradesh] :
Same as that of Punjab.
[Orissa] :
Same as that of Patna.
[Patna] :
(i) In sub-rule (2) for the words "and if, after service of such notice", substitute the following:-"and where certification has been made by an endorsement of such payment or adjustment by the decree-holder or by any person authorised by him in that behalf upon the process issued by the Court, the Court shall issue such notice of its own motion. If after service of the notice";
(ii) Delete the existing sub-rule (3) of rule 2.-(5-4-1961).
[Punjab] :
Omit sub-rule (3).
---------
1. Substituted by Act 104 of 1976, section 72, for certain words (w.e.f. 1-2-1977).
2. Inserted by Act 104 of 1976, section 72, (w.e.f. 1-2-1977).
3. In the application of the Act. to Punjab, sub-rule (3) rep. by the Punjab Relief of Indebtedness Act, 1934 (Pun. Act 7 of 1934), section 36.
INSTALL Android APP
*Note : All content on this website is for only educational purpose do not use it any where as legel activities and Publisher or owener is not responsible for any mistake if any mistake please suggest us. we will try to improve that.