GIRIBALA DASI Vs. BISWAMBHAR HALDAR

JUDGEMENT

(1.) This is an appeal by the opposite party Giribala Dasi and arises, out of an application made under Order 21, Rule 2(2) of the Civil P. C. for certifying payment of a decree and alleged satisfaction out of Court.

(2.) The learned Subordinate Judge found: on the evidence that the alleged payment of Rs. 730 in satisfaction had been proved and directed satisfaction of the decree to be recorded accordingly. Against that., order the present appeal has been filed, and. the grounds on which it has been assailed are firstly, that the final decree not having, been drawn up at the date when the application was made, the application was not maintainable; and secondly, that the Court below ought to have held on the: evidence that the receipt (Exhibit I) was not a genuine document.

(3.) In connection with the first point it is necessary to refer to Order 21, Rule 2(1) and (2) of the C.P.C. which read as follows: 2(1) Where any money payable under a decree of any kind is paid out of Court, or the decree is otherwise adjusted in whole or in part to the satisfaction of the decree-holder, the decree-holder shall certify such payment or adjustment to the Court whose duty it is to execute the decree, and the Court shall record the same accordingly. (2) The judgment-debtor-also may inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decree-holder to show cause on a day to be fixed by the Court why such payment or adjustment should not be recorded as certified, and if after service of such notice, the decree- holder fails to show cause why the payment or adjustment should not fee Boarded as certified, the Court shall record the same accordingly.