Bare ActsCode of Civil Procedure, 1908 (CPC)

Section OXXI-R2

Payment out of Court to decree-holder

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(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 any person 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. [(2A) 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 documentary evidence; or (c) the payment or adjustment is admitted by, or on behalf of, the decree-holder in his reply to the notice given under sub-rule (2) of Rule 1, or before the Court.] (3) A payment or adjustment, which has not been certified or recorded as aforesaid, shall not be recognized by any Court executing the decree.] Substituted by Act 104 of 1976, S.72, for the words "or the decree is otherwise adjusted" w.e.f. 01/02/1977. Inserted by Act 104 of 1976, S.72, w.e.f. 01/02/1977. Inserted by Act 104 of 1976, S.72, w.e.f. 01/02/1977.

Section OXXI-R2 – Code of Civil Procedure, 1908 (CPC) | DailyLaw.ai