NALAM SUBRAMANYAM Vs. DEVARA RAMASWAMI

JUDGEMENT

(1.) In this civil revision petition the question raised is whether a judgment-debtor debarred Under Order 21, Rule 2, Civil P.C., for failure to certify, from pleading adjustment of a decree, can nevertheless plead such adjustment when opposing a transfer Under Order 21, Rule 16, Civil P.C.

(2.) The petition was argued before our learned brother Jackson, J., and in view of the differing opinions of various Judges in cases to which reference was made in the course of the argument, the matter has been posted for argument before a Full Bench.

(3.) Jackson, J., is inclined to the view that the question raised is one which should be answered in the negative.