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1984 Supreme(Mad) 528

NAINAR SUNDARAM
Palaniammal and Others – Appellant
Versus
Pavayammal and Others – Respondent


Advocates Appeared:N. Sivamani, A. K. Kumaraswamy, Advocates.

Judgment :-

The judgment-debtors are the petitioners in this revision. The respondents are the decree-holders. The judgment-debtors filed a petition under O.21, R.2(2) Civil P. C. hereinafter referred to as the Code, to record part satisfaction of half of the decree amount in respect of decree-holders 3 and 4 to whom a sum of Rs. 700/- is stated to have been paid on 18-11-1980. That application has been dismissed by the Court below and that is how the judgment-debtors are before this Court by way of this revision. The Court below found that the decree is a joint decree and the shares of the respective decree-holders are not apparent on the face of the decree, either expressly or by necessary implication. This aspect is not being put in issue before me. Order 21, R.1(1)(b) of the Code contemplates that all money, payable under a decree, could be paid out of Court to the decree-holder in any one of the modes contemplated therein. The question came up before the Full Bench of this Court in Hanumanthappa v. Seethayya and Company, 62 Mad LW 539 : 1949 AIR(Mad) 790) as to whether the expression "decree-holder" used in singular would include the plural also. Viswanatha Sastri, J., in a se










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