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1997 Supreme(Ker) 55

P.K.BALASUBRAMANYAN
Radhakrishna Pai – Appellant
Versus
Kesava Pillai – Respondent


Judgment :-

Balasubramanyan, J.

In this revision, the judgment debtors challenge the order of the executing court overruling their objection that they have already paid the amounts due under the decree to the original decree holder outside court and therefore the attaching decree holder is not entitled to realise the amounts due under the decree. The executing court found that the alleged payment not having been certified or recorded, under 0.21 R.2 of the Code of Civil Procedure, the attaching decree holder was entitled to proceed with the execution even assuming that the claim of the judgment debtors was true.

2. The main contention raised on behalf of the judgment debtors is that the attaching decree holder is not a decree holder as defined in the Code and consequently 0.21 R.2 cannot stand in the way of the judgment debtors pleading and establishing that they have already paid off the original decree holder and consequently the attaching decree holder cannot proceed with the execution. Counsel for the attaching decree holder submits that an attaching decree holder or even an assignee decree holder executing the decree can raise the contention that unless recorded by Court under 0













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