ATLURI VENKATESWARA REDDY Vs. VANGA SUBBA REDDY

JUDGEMENT

(1.) The petitioner herein is a decree-holder. He had instituted a suit against the respondent herein basing O.S.No.489 of 1974 in the Court of the Principal District Munsif, Narasaraopet, for recovery of certain amount. The said suit was decreed on 7-6-1976. The respondent herein is., the defendant in the suit, did not pay the amount and therefore the petitioner-decree holder filed E.P.No.44/88 for recovery of the amount. During the pendency of the Execution Petition, the respondent-judgment- debtor filed two receipts with an averment that he had paid the amount due under the decree on 25-5-1983 and further submitted that the decree stands satisfied and the execution proceedings be closed.

(2.) It further appears from the record that the petitioner herein filed E.A.No.230 of 1990 before the said Court with an averment that the claim made by the respondent herein is false and he should not be allowed to lead any evidence on the point of payment and contended that such type of leading of evidence will amount to breach of Order 21 Rule 2-A (3) C.P.C. It was further contended by the petitioner herein that the respondent herein has produced the said reception order to protract the fruits of the decree. E.A.No.230 of 1990 was heard by the learned District Munsif on merits and it was dismissed. Against the said order, the present Revision Petition has been filed by the petitioner- decree-holder.

(3.) The learned Counsel for the petitioner herein invited my attention to Order 21 Rule 2-A (3) C.P.C. which reads as under: