RAGHUNATH GOVIND MAYEKAR Vs. GANGARAM YESU MAYEKAR

JUDGEMENT

(1.) One Vithal Hari Kochrekar obtained a money-decree against the present petitioner in Suit No. 84 of 1918 in the Court of the Subordinate Judge at Malvan on March 22, 1918. The petitioner alleges that he paid the whole amount of the decree to the plaintiff on October 28, 1918, in full satisfaction; that the decree- holder recorded the payment on his copy of the decree, but the satisfaction of the decree was not certified to the Court, as it should have been, under Order XXI, Rule 2, of the Civil Procedure Code. It would appear that thereafter the decree- holder made an application for execution. Before the application was dealt with by the Court, the decree-holder transferred the decree to the present opponent on May 18, 1921. The opponent then applied for execution of the decree.

(2.) The Court on the hearing of the application raised three issues : (1) Can the alleged satisfaction which was not certified to the Court be recognized in execution? (2) If so, is the said satisfaction proved? (3) Is the assignment relied on by Gangaram proved?

(3.) The findings of the Court on these issues were : (1) in the negative; (2) unnecessary; and (3) in the affirmative. Accordingly the Court directed a warrant to issue against the judgment-debtor under Order XXI, Rules 30 and 43, of the Code.