2. Payment out of court to decree holder.- (1) Where any money payable under a decree of any kind is paid out of the court, or a 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 recognised by any court executing the decree. HIGH COURT AMENDMENTS ANDHRA PRADESH.- Same as that of Madras. BOMBAY, DADRA AND NAGAR HAVELI.- In Order XXI, Rule 2, for the existing (2), substitute the following as sub-rule (2): “(2) The judgment-debtor or any person who has become surety for judgment-debtor may also inform the Court by an application in writing supported by an affidavit of such payment or adjustment and apply to the Court to issue a notice to the decree-holder to show cause on a date 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.” (1.10.1983).
DELHI AND HIMACHAL PRADESH.—Same as that of Punjab, see Act 26 of 1966, Sections 7 and 17.
KERALA, LACCADIVE, MINICOY AND AMINDIVI ISLANDS.- In sub-rule (2) for the words “The judgment-debtor” substitute the words “Any party to the suit or his legal representative or any person who has become surety for the decree-debt.” (9.6.1959).
Jurisdiction of Kerala High Court has been extended to the Union Territory of Laccadive, Minicoy and Amindivi Islands by Section 60 of Act 37 of 1956.
Madras and Pondicherry.- Substitute the following for the existing sub-rule (2): “Any party to the suit or his legal representatives or any person who has become surety for the decree-debt 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.” Orissa.- Same as that of Patna (i). Patna.- (i) In sub-rule (2) for the words “and if after service of such notice,” substitute the following: “and where certification has been made by an endorsement of such payment or adjustment by the decree-holder or by any person authorised by him in that behalf upon the process issued by the Court, the Court shall issue such notice of its own motion. If after service of the notice.” (ii) Delete the existing sub-rule (3) of Rule 2. (5.4.1961). Punjab, Haryana and Chandigarh.- Omit sub-rule (3). (19.4.1935). | 