P NARSAIAH Vs. P RAJ REDDY

JUDGEMENT

(1.) This Civil Revision Petition arises out of execution proceedings. O.S.No. 463 of 1978 was decreed on 26-7-1978. The decree-holder filed E.P.No. 20 of 1979 for realisation of the amount by attachment and sale of the properties. The said E.P. was dismissed on 29-11-1980 as the decreeholder failed to file the sale papers. Then the decree-holder filed the present E.P.No. 73 of 1981 for the same relief namely, attachment and sale of the properties. The judgment-debtor pleaded that he has paid the entire amount of one lakh on 5-1-1979 to the father of the decree-holder and the E.P. is therefore not maintainable. He also stated that he filed E.A.No. 184 of 1980 under Section 47 C.P.C. requesting the Court to terminate the execution as the decree amount had already been paid.

(2.) The trial Court tried this issue as a preliminary issue and held that since the judgment-debtor has not filed an application within 30 days as required by sub-rule (2) of Order 21 C.P.C. for recording satisfaction of the decree, any payment made by him cannot recognised by the executing Court and posted the E.P. for subsequent steps viz., attachment and sale of the properties. Aggrieved by the said order, the judgment-debtor has now come up in revision.

(3.) Our learned brother Jagannadha Rao, J., before whom this revision came up for hearing referred the case to a Division Bench as the case involves an important question of law. To decide this question, it is necessary to refer to Order 21 Rule 2 which is as follows :