The main legal point established in the judgment is the application of Order 21 Rule 2 of the Code of Civil Procedure in recording satisfaction and adjustment of a decree, and the rights of the decree-holder and judgment-debtor to apply for recording payment or adjustment, supported by documentary evidence.

( 1 ) THIS revision under Section 115 of the Code of Civil Procedure is directed against the order, dated 4-4-2001, passed by the Court of IIIrd Civil Judge Class I, Bhopal, in Execution Case No. 22a/85, whereby the application dated 11-12-2000 purporting to be under Order 21 Rule 2 and Order 21 Rule 97 read with Section 151 of the Code of Civil Procedure was dismissed by the Court below. The learned trial Judge has relied on a decision of Full Bench of this Court reported in the case of Rajeev v. Arun, AIR 1987 Madh Pra 262. In that case it was held that the Executing Court had no jurisdiction to consider the application filed by the applicant for the reason the adjustment was not recorded in terms of Order 21, Rule 2 (1) of the Code of Civil Procedure.

( 2 ) LEARNED counsel for the applicant in this revision has argued that the matter is covered by Order 21, Rule 2 of the Code of Civil Procedure and therefore his application should have been allowed. It was argued that the Court below has not considered the effect of Order 21 Rule 2 (2) of the Code of Civil Procedure read with Rule (2-A) thereof. The Full Bench's decision is liable to be distinguished on the particular facts of that case.

( 3 ) AS against this, the learned counsel for the non-applicant decree-holder argued that the Full Bench case is applicable to the facts on all its fours. The Court below has rightly applied that decision for rejecting the application of the applicant.

( 4 ) THE facts of this case disclose that the applicant had suffered a decree obtained by the non-applicant. The decree was for ejectment. The applicant claimed that the aforesaid decree was subsequently adjusted by enhancing the rent from Rs. 440. 00 per month to Rs. 1000. 00 per month. Pursuant to the agreement the applicant had paid a bearer cheque of Rs. 50,000. 00 bearing No. 053734 dated 7-12-2000 payable by Jharneshwar Shakari Bank Limited, Bairasia Road, Bhopal. It was alleged that as a consequence of the agreement a fresh Kirayanama (rent note) was executed in presence of witnesses. The non-applicant had agreed, as per terms mentioned in paragraph-11 of the Kirayanma that he would get the execution application for ejectment dismissed. In the prayer clause, it was prayed that the rent note as well as the other documents filed along with the application may be considered for recording the complete adjustment of the decree, and thereafter, the execution application for execution of the decree be disposed of.

( 5 ) IT is apparent that the applicant was pleading adjustment of the decree which is sought to be proved by leading documentary evidence. This is not a case where an objection was raised regarding the execution of the decree on the foundation of an oral agreement.

( 6 ) THE controversy can be resolved by quoting Order 21, Rule 2 of the Code of Civil Procedure which reads as under :-2. Payment out of Court to decree-holder:- (1) Where any money payable under a decree of any kind is paid out of Court, or the decree of any kind is otherwise adjusted in whole or in part to the satisfaction of the decree-holder, the decree-holder shall certify such payment or adjustment to the Court whose duty it is to execute the decree, and the Court shall record the same accordingly. (2) The judgment-debtor or anyperson who has become surety for the judgment-debtor also may inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decree-holder to show cause on a day to be fixed by the Court, why such payment or adjustment should not be recorded as certified; and if, after service of such notice, the decree-holder fails to show cause why the payment or adjustment should not be recorded as certified, the Court shall record the same accordingly. (2-A) No payment or adjustment shall be recorded at the instance of the judgment-debtor unless - (a) the payment is made in the manner, provided in Rule 1; or (b) the payment or adjustment is proved by do