BASAPPA MALESAPPA RAJURE Vs. SAMBAPPA SHIVLINGAPPA ASHTYE

JUDGEMENT

(1.) THIS is an appeal from an order made in execution by the First Class Subordinate Judge of Sholapur.

(2.) ON March 9, 1937, a decree was passed in favour of the present respondent on two mortgage bonds, the amount being payable by installments with a default clause. Default was made, and the decree-holder applied to execute the decree. ON that application the judgment-debtor sought to rely on certain payments and adjustments of the decree made out of Court, and not certified under Order XXI, Rule 2(2), Civil Procedure Code, 1908.

(3.) I think, therefore, the judgment of the learned Judge was right, and the appeal must be dismissed with costs.