DEV SINGH Vs. SUBHASH CHANDRA

JUDGEMENT

(1.) Heard.

(2.) This revision is filed by the Judgment debtor against the order dated 4-4-2003 passed by the Executing Court whereby the Court below has rejected his objection as to the executability of the decree.

(3.) The brief facts of the case are that a decree, for recovery of Rs.11,000/- is passed in favour of the respondent decree-holder. The decretal amount is to be paid as per the terms of the decree in two instalments. As the said installments are not paid the decree-holder filed execution proceedings. In the said execution proceedings an objection was raised by the judgment-debtor stating that he has already paid the amount to the decree-holder, hence the decree cannot be executed. The Court below rejected the objection relying on the provisions of Order 21, Rule 2 sub-clause (3) of the Code of Civil Procedure by stating that since the payment is not certified in accordance with the provisions of Order 21, Rules 1 and 2 CPC the same cannot be recognised,