Showing posts with label adjustment of decree. Show all posts
Showing posts with label adjustment of decree. Show all posts

Monday, 30 December 2013

What is adjustment of decree?

 The words "or the decree of any kind is otherwise adjusted" are of wide amplitude. It is open to the parties namely, the decree-holder and the judgment-debtor to enter into a contract or compromise in regard to their rights and obligations under the decree. If such contract or compromise amounts to an adjustment of the decree, it has to be recorded by the court under Rule 2 of Order XXI. It may be pointed out that an agreement, contract or compromise which has the effect of extinguishing the decree in whole or in part on account of decree being satisfied to that extent will amount to an adjustment of the decree within the meaning of this Rule and the Court, if approached, will issue the certificate of adjustment. An uncertified payment of money or adjustment which is not recorded by the court under Order XXI Rule 2 cannot be recognised by the executing court.1

Supreme Court of India
Sultana Begum vs Prem Chand Jain on 10 December, 19961
Citation;AIR1997SC1006, JT1996(11)SC1, 1997-2-LW521, RLW1997(1)SC53, 1996(9)SCALE55, (1997)1SCC373, 
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