RHAGARAJ SINGH Vs. XAVIER

JUDGEMENT

(1.) When a decree holder filed execution petition, the judgment debtor raised a contention that the whole decree has been adjusted and there is no decree alive to be executed. That objection was repelled by the court below and hence the judgment debtor has filed this Civil Revision Petition.

(2.) The decree was passed on 29-10-1979 for a sum of Rs. 24,100/- with interest and costs. The execution petition has been filed on 17-11-1981. The contention of the judgment debtor in his objection is that he paid a sum of Rs. 18,000/- on 30-7-1980, which was accepted by the decree holder in full satisfaction of the decree. The judgment debtor produced a receipt showing that the decree holder received a sum of Rs. 18,000/- on 30-7-1980. The decree holder disputes the genuineness of the receipt. The learned Sub Judge who overruled the objection of the judgment debtor, has observed that "this payment has not been recorded or certified by any court and so this payment cannot be taken into consideration."

(3.) The learned counsel for the petitioner (judgment debtor) contends that when a payment or adjustment is proved by documentary evidence, the court has to recognise it, in view of R.2A of O.21. The said Rule has been inserted in the Code of Civil Procedure by Act 104 of 1976. It reads thus:-