Payment out of Court to decree-holder
Execution of Decrees and Orders, in the First Schedule to The Code of Civil Procedure, 1908
(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 2[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 shall 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, or 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.
1. Subs. by s. 72, ibid., for "or the decree is otherwise adjusted" (w.e.f. 1-2-1977).
2. Ins. by s. 72, ibid, (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), s. 36.
How this Rule is cited
It is written both ways, and both mean this Rule: Order XXI Rule 2 CPC and Order 21 Rule 2 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 21 Rule 2 CPC, Order XXI Rule 2 CPC. Each opens the full-text search over every order eCourtsIndia holds.
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