P GNANAMMA Vs. RAJASEETHARAMACHANDRA

JUDGEMENT

(1.) This E.P. No. 69 of 1927 was put in for recognition of a transfer of the decree in O.S. No. 58 of 1917 on the file of the Court of the Subordinate Judge of Nellore. The first respondent is the transferee decree-holder. The objections raised by the judgment-debtor to the transfer were disallowed and the petition allowed. The appeal is against that order.

(2.) The judgment-debtor had filed E.A. No. 365 of 1926 before the District Court alleging that there had been an adjustment of the decree. This petition was transferred to the Subordinate Judge for disposal and it appears to have been disposed of at the same time as the present petition and adversely to the judgment-debtor but the order has not been filed.

(3.) The first point for determination in the present petition has been stated by the lower Court as follows; Whether the agreement pleaded by the judgment-debtors even if true operates as an adjustment of the decree within the meaning of Order 21, Rule 2, Civil P. C,