VENKATAPPA Vs. VENKATASWAMI

JUDGEMENT

(1.) This revision is directed against an order of the learned Munsiff, Srinivasapura, rejecting the objection filed by the judgment debtor to the execution filed by the respondent. It is undisputed that the respondent has filed a suit against the petitioner in O. S. N 0. 26 of 1980 on the file of the Principal Munsiff, Kolar, for recovery of principal amount of Rs. 4,000/- with interest and costs amounting to Rs. 9,532-75. The suit was decreed as prayed for after contest. Since the judgment debtor has failed to satisfy the decree, the plaintiff has filed an Execution Petition No.16 of 1992 to recover the said amount. The execution petition was opposed by the judgment debtor on the ground that the decree has been fully satisfied as per the panchayat held in the village and that the decree-holder has executed a stamp receipt dated 20-10-1988 having received the decretal amount and that he undertook to report the same to the Court.

(2.) The Court below proceeded to conduct an enquiry regarding the payment made. The judgment-debtor has examined 3 witnesses on his behalf and marked one receipt while the decree-holder has examined himself and marked one document. The learned Munsiff having regard to the provisions of Order 21 Rule 2(3) CPC has overruled the objections. He has opined that it was open to the judgment debtor to sue for damages for recovery of money paid out of Court.

(3.) The main contention of the revision petitioner is that the trial Court has erred in ignoring the mandatory provisions of Order 21 Rule 2 and Rule 2A. He has further contended that having held an enquiry, the learned Munsiff has erred in overruling his objection without giving a finding on his objection and therefore submits that the trial Court has failed to exercise the jurisdiction vested in it. However, the learned counsel for the respondent justified the order of the Court below.