1. The appellant before us is the 1st defendant. The plaintiff sued the defendant 2 in 1914 and got a decree. When he attempted to execute his decree, he was faced with a claim by the defendant 1 based on a sale to him by the defendant 2. The claim was allowed and the plaintiff sued to set aside the order on the claim. He succeeded in the 1st Court, but failed in appeal, the Subordinate Judge holding inter alia that his decree had been satisfied. In second appeal, Odgers, J., restored the decree of the trial Court. He was of opinion that the plea that the decree had been discharged was not open to the defendant 1.

2. The finding of the 1st appellate Court that the decree had been discharged is, perhaps, not wholly satisfactory. It is however, a finding of fact, which was not objected to in second appeal. So it calls for no further consideration. There is a decision of the Allahabad High Court, Tegh Singh v. Amin Chand [1883] 5 All. 269 which seems to be exactly in point. The terms of Sub-rule (3) of Rule 2, Order 21, Civil P. C., are perfectly clear. They lay down that an uncertified discharge cannot be recognized by "any Court executing a decree." It follows that a plea of