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1997 Supreme(Raj) 1280

SHIV KUMAR SHARMA
Kudarat Ulla – Appellant
Versus
Chandra Prakash – Respondent


JUDGMENT

1. :- The object of Rule 2 of Order 21 Civil Procedure Code is to ensure that the Court executing the decree shall not be troubled with any discputes between the parties with regard to any payment or adjustment unless the same has been duly certified or recorded. Sub-rule (1) of Rule 2 contemplates a certification by the decree holder and a record by the court of the payment or adjustment. Sub rule (2) of rule 2 contemplates an application by the judgment debtor. In that case notice is to be given to the decree holder and the court should give a judicial decision whether the payment or adjustment should be recorded as certified. In doing so the court is subjected to the restrictions provided in sub-rule (2-A) of Rule 2. Sub rule (2-A) is intended to operate as a proviso to sub-rule (2). Sub rule (3) of Rule 2 imposes a bar upon the court executing the decree and prevants it from recognising any payment or adjustment which has not been certified or recorded as certified as required by the rule.

2. The question that springing for consideration in the instant revision also relates to the interpretation of Rule 2 of Order 21 Civil Procedure Code.

3. The instant revision has been


















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