SURMUKH SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) The respondent instituted execution proceedings to execute money decree passed against the petitioner. In response to the notice issued therein, he filed objections, pleading that he had already satisfied the claim in the decree by paying Rs. 12000/- before the Panchayat. The executing Court dismissed the objections in view of clause (b), sub-rub (2A) of rule 2 of Order 21 of the Code of Civil Procedure which reads as :-

(2.) The learned counsel for the respondent, however, urged that though the provisions of sub-rule (3) have been deleted still the provisions of sub-rule (2A) which provide the mode to prove payment or adjustment are in force and applicable and no oral evidence can be given regarding any payment or adjustment of the decree. This matter was not raised before the trial Court and I do not feel necessary to express any opinion on this matter. The decree-holder would be entitled to agitate this matter before the executing Court who shall decide the same after hearing the parties.

(3.) In view of the above discussion, this petition is allowed and the case is sent back to the executing Court for taking further proceedings in accordance with law. The parties through their counsel, have been directed to appear in the trial Court on October 9, 1978. No costs.