AKBAR ALI KHAN Vs. ISHWAR SARAN

JUDGEMENT

(1.) This is a judgment-debtors' appeal arising out of execution proceedings.

(2.) The facts of the case are given in the judgment of my learned brother. It is, therefore, not necessary for me to repeat them.

(3.) The sole question that arises in this appeal is whether the application of the judgment-debtors dated the 22nd September, 1953, can be treated to be an application under Order 21 Rule 2 of the Code of Civil Procedure. I agree with my brother that the reply to this question will turn on the contents of the application itself rather than on any extraneous considerations. It is, therefore, necessary for this purpose to scrutinise the contents of the application itself, and to see whether it fulfils the requirements of Order 21, Rule 2. C. P. C. Order 21, Rule 2, C. P. C. deals with the payment of money out of court to the decree-holder by the judgment-debtor. Order 21, Rule 2(1) deals with a case where such payment is to be certified by the decree-holder. According to it, where any money payable un-der a decree of any kind is paid out of Court, or the decree 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. In this particular case, however, we are concerned with Order 21 Rule 2, Sub-rule (2) which deals with certification of payment by the judgment-debtor. Order 21, Rule 2(2) runs as follows: