Ganesh Mahadev Sahasrabudhe v. Yeshwant Mahadev Phadke

1. The Rule must be made absolute and the case sent back for trial on its merits, The plaintiff alleged that he had made a payment of Rs. 300 to his pleader who had paid the amount to the judgment-creditor. As it was not certified under Order XXI, Rule 2, the Court executing the decree could take no cognizance of that payment, but if the creditor by taking out a Darkhast recovered the amount over again that would not bar the judgment-debtor from seeking to recover the amount which r. he had paid to his creditor without its being certified. Costs will abide the result.