Now, the law says further that if money is paid or adjustment of decree of any kind is arrived at outside the Court, it should be promptly got recorded and certified as contemplated by Rule 2. This can be done either by the J. D. or by the decree-holder; but in the very nature of things, a judgment-debtor should be more concerned in having such payment or adjustment recorded and certified by the Court. Article 125 of the Limitation Act provides a period of 30 days for applying to the Court for recording; an adjustment or satisfaction of the decree, from the date of payment or adjustment. There is no provision for extending the said period. Since by virtue of Sub-rule (3) of Rule 2 of Order XXI "a payment or adjustment, which has not been certified or recorded as aforesaid (in accordance with Rule 2) shall not be recognized by any Court executing the decree", any payment or adjustment not certified or recorded in accordance with Rule 2 of Order XXI is no payment or adjustment in law. Any such payment or adjustment cannot be recognized by the Court executing the decree -- unless of course, the decree-holder himself admits the same. Therefore, when a decree-holder takes out execution, the judgment-debtor will not be entitled to plead -- if by the date of his plea a period of thirty days has expired from the date of payment or adjustment, as the case may be -- that he has paid the money due, or has otherwise adjusted the decree, outside the Court. It is, no doubt, true that the use of the expression 'may' - in Sub-rule (2) of Rule 2 has given room for controversy and argument; but, in my opinion, the said expression has to be construed and understood in the light of Sub-rule (3) of Rule 2, and if so read, the expression 'may' is liable to be construed and understood as 'shall'. By placing this construction no inconsistency arises between Order XXI, Rule 2 and Section 47. When Section 47 declares that all questions relating to execution, discharge or satisfaction of a decree shall be enquired into and determined only by the Court executing the decree and not by a separate suit, it does not mean that the provisions in Order XXI, Rule 2 read with Article 125 of the Limitation Act should be ignored. Indeed, one should read them together harmoniously. As stated hereinbefore, the several Rules in Order XXI supplement, illustrate and elaborate the provisions contained in Part-II of the Code. The object behind Sub-rule (3) of Rule 2 of Order XXI is to shut out any plea of payment, or adjustment, which is not promptly got recorded and certified under the said Rule. The idea is to preclude any such pleas and leave no room for them.
20. For the above reasons, I hold, agreeing with Upendralal Waghray, J. that the payment allegedly made by the judgment-debtor on 5-1-1979 not having been recorded and certified in accordance with Order XXI, Rule 2(2), C.P.C., cannot be recognized by the executing Court in E.P. No. 73/1981, because the application alleging such payment was made, even in the earlier E.P., (E.P. No. 20/1979), beyond 30 days of the payment.
IN THE HIGH COURT OF ANDHRA PRADESH
Civil Revn. Petn. No. 2413 of 1983
Decided On: 29.04.1988
P. Narasaiah Vs. P. Rajoo Reddy
Hon'ble Judges:
B.P. Jeevan Reddy, K. Amareswari and Upendralal Waghray, JJ.
Citation: MANU/AP/0166/1989,AIR 1989 AP 264 (FB)
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