RAMABHADRAN
Amarnath – Appellant
Versus
Jai Dayal – Respondent
2. In the first place, this petition arises out of execution proceedings relating, admittedly, to a suit of the nature of small causes of less than Rs. 1,000/- valuation. Therefore, it is expressly barred by proviso (ii) to para, 35, Himachal Pradesh. (Courts) Order.
3. Confronted with this difficulty, learned; counsel for the petitioners suggested that the Courts below have acted, in the exercise of their jurisdiction, with material irregularity. The point, at issue, is a very simple one. The petitioners judgment-debtors pleaded adjustment of the decree outside the Court. Both the Courts below have rightly pointed out that such adjustment should, have been certified under O. 21, R. 2(2), Civil P.C.
Instead of adopting this course, the judgment-debtors filed an objection purporting to be under S. 47, alleging that the matter has been adjusted; out of Court. Obviously, such an objection could not be entertained in view of the provisions of O. 21, R. 2(3), which expressly debars any such plea from being recognized, unless it had been certified or recorded as provided in O. 21, R. 2 (1 and 2).
Mr. Puri for
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