VIDYADHAR Vs. RAMZAN

JUDGEMENT

(1.) On August 31, 1938, a money decree was passed in favour of the applicant Vidyadhar against the opposite-parties Ramzan and Bhujang. Within the period for execution of decree, the decree-holder applied for execution. On February 12, 1942, however, the papers were consigned to the record room and thus terminated the first application for execution. On August 1, 1945, the decree-holder filed a second application for execution and in this application it was mentioned that on January 25, 1943, the judgment-debtors had paid a sum of Rs. 11/- and on February 2, 1944, another sum of Rs. 7/-. At the end of the application there was a note that the period of limitation was saved under Section 20, Indian Limitation Act. by these two payments.

(2.) After the decree-holder had applied for execution, he evidently realized that it would be necessary for him to certify payments under Order 21, Rule 2, C. P. C., before the executing Court could take any notice of these payments. On September 25, 1945, he, therefore, applied certifying the payments and as the judgment-debtor did not admit the payments, he offered to lead oral and documentary evidence to prove the same. The lower Court, however, refused to take any evidence and refused to allow the payments to be certified. It gave as its reason that the application dated September 25, 1945, having been made after the period for execution of the decree had expired, if the payments were not taken into consideration, the Court could not allow certification of the payments. The result, therefore, was that the application of September 25, 1945, as also the application for execution dated August 1, 1945, were both dismissed. The decree-holder has come up to this Court in revision under Section 25, Small Cause Court Act.

(3.) The case was referred to a Full Bench by reason of an apparent conflict between the Avadh Chief Court in 'MT. FATIMUNNISSA v. ASGHAR HUSAIN', 3 Luck 170 (FB) and the Allahabad High Court in 'JOTI PRASAD v. SRI CHAND', 51 All 237 (FB).