...the learned Munsif only on technical ground that the said agreement does not satisfy Order 21 Rule 2 C.P.C According to him, Order 21 ..., therefore, by reason of the finding that signature appearing on the agreement is genuine, the case falls within the ambit of Sub-Rule (2-A) of Order 21 Rule 2. The le...not be recognised or accepted by the executing court. An application under Section 47 C.P.C can never be treated to be an application under Order 21 Rule 2 ...

...application under Order 21 Rule 2 O.P.C alleging that a sum of Rs. 8900/- had been paid to the decree holder on November 15, 1970 and that he should be called upon to certify the same. Bo...Pati Ram's application under Order 21 Rule 2 C.P.C were taken up together. The executing court.... 8900/- had been paid to the decree-holder on November 15, 1970. In this view of the matter, it held that the application made by him under Order 21 Rule 2 C.P.C deserved to...

...the rent, the objection under Sec. 47 was not maintainable because the appellant did not apply under Order 21, Rule 2, C.P.C for certification and, therefore, the trial...Order 21, Rule 2, C.P.C and, therefore, the view taken by the lower appellate court was erroneous. The lower appellate court relied on a decision of this court in Akbar Ali Khan...payment had to be certified under Order 21, Rule 2, C.P.C and without there being such a certificate, the objection under Sec. 47, C.P.C was not maintainable. The other...

...proceeded with the execution petition. The question for consideration, therefore, is whether the adjustment in this case would come within the mischief of Order 21 rule 2 C.P.C...716. It was laid down there that Order 21 rule 2 C.P.C would apply only to decrees where money was payable irrespective whether it included other reliefs...and yet it was laid down that so far as the relief of possession of immovable property was concerned it would fall outside Order 21 rule 2 C.P.C It was Abdul Lttiff...

...same at Rs. 5,000. He, however, held that Order 21, Rule 2, C.P.C had no application to the present case and that the agreement and the award were not an adjustment within...by the Madras High Court in Narayana swami Naidu v. Rangaswami Naidu There is no reason to confine the provisions of Order 21, Rule 2 of the Code of Civil Procedure to mo...satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it relates to the suit.”8. Order 21, Rule 2 of the Code of Civil Procedure is a coun...

...such type of leading of evidence will amount to breach of Order 21 Rule 2-A(3) C.P.C It was further contended by the petitioner herein that the respondent herein has..., the present Revision Petition has been filed by the petitioner-decree-holder.4. The learned Counsel for the petitioner herein invited my attention to Order 21 Rule 2-A(3) ...”.5. By reading sub-rule (3) of Rule 2-A of Order 21 C.P.C, it is evident that even if any payment is made outside the Court and the judgment-debtor did n...

...be affirmed.7. After elaborately dealing with the precedents of authority laid down by the High Courts and the Supreme Court with reference to Order 21 Rule 2 C.P.c,...Order 21 Rule 2(3) C.P.C before the executing court to certify such arrangement whereby the decree had been satisfied under Order 21 .... Order 21 Rule 2 C.P.C reads as follows:—“Payment out of Court to decree-holder.— (1) Where any money payable under a decree of any kind is paid out...

...to an adjustment of the decree under the provisions of Order 21, Rule 2 C.P.C and as they were uncertified they cannot be recognised and the right to recover the decree...under the Settlement Deed under Ex. D4. According to him, the Settlement deed Ex. D4 did not and could not amount to an adjustment of the decree and thus the provisions of Order 21, Rule 2 ...month. The settlement deed only recorded the procedure of the payment. It did not vary the terms of the decree or did not create any fresh liability under the agreement. Order 21 Rule 2 ...

.../-. The slip was alleged to bear the thumb impression of the respondent No. 1. 4. The petitioner further alleged in the aforesaid application under Order 21, Rule 2, ...slip. According to him, if, executions are allowed to be stalled like this by abuse of provisions of Order 21, Rule 2, C.P.C. even after the amendment obliging the judgment...Order 21, Rule 2, C.P.C. before it is acted upon by the Executing Court. The Executing Court cannot take cognizance of such unrecorded adjustment even though the allegations may amount to...

...respondent for Rs. 40,000. The next step taken by the appellants was to apply on 5-7-15 under Order 21, Rule 2, C.P.C. to the Court to record satisfaction of the decree. The...been an 'adjustment' of the decree within the meaning of Order 21 Rule 2, C.P.C., as there has been no enquiry by the lower court into the allegations in the petition and...section 258 of act xiv of 1882 which corresponds to O. XXI Rule 2, C.P.C. do not mean merely to " allege causes nor even to make out that there is room for argument, but both to...

...required by Order 21, Rule 2, C.P.C, and, therefore, launching of the prosecution u/s 210, IPC in the specific and special circumstances of this case appears to be wholly...G.M Lodha, J.:— This is an application u/s. 482, Cr. P.C against the order dated 18-6-86 of the Addl. Sessions Judge, Dholpur in Criminal Appeal No. 43/85.2. Mr. Tyagi has...High Court in B.K Bhomik v. Princess Confectionary (2).6. There cannot be any dispute about the principles laid down in the above two judgments, but they have got no...

...decree holder had made an application for certificate under Order 21, Rule 2, C.P.C and later wanted to withdraw it. The Madras High Court held that the court should not...proceed with that application, the learned Munsiff dismissed that application for non-prosecution. In appeal preferred by the present petitioners, the learned District Judge upheld the order of the learned...Tribunal contemplated by the Mysore Land Reforms Act, and hence was not a valid application in the eye of law.2. Mr. Jahgirdar contended that when once an...

...Order 21, Rule 2 of C.P.C to grant the relief to the Respondents. No doubt the learned Senior Counsel for the Petitioner relied on Order 21,...more particularly, Rule 2-A to contend that the procedure adopted by the Court below in allowing the Application is bad in law in the absence of endorsement or satisfaction of the decree by decree holder. For proper appreciation of ..., shall not be recognised by any Court executing the decree.19. Thus, a combined reading of all the sub-rules of Order 21, Rule 2 of C.P.C it shows here again...

...A. Pasayat, J.:— Petitioner's application for action in terms of sub-rule (2) of rule 2 of Order 21 of the Code of Civil Procedure, 1908 (in short, ‘...H.R.C case as he was not a party. At that stage an application purported to be one under Order 21, Rule 2, C.P.C was filed inter alia taking a stand that at the time of...within the meaning of Order 21, Rule 2(1), C.P.C. The opposite parties objected to the stand taken by the petitioner, primarily on the ground that the petitioner being a...

...under Order 21, Rule 2, C.P.C was barred by time. Aggrieved by that judgment the appellants have preferred this second appeal to this Court.3. The main point for...learned Advocate for the appellants, that the application of the appellants should be regarded as one falling under Sec. 47, C.P.C and not under the provisions of Order 21, Rule ...satisfaction of the decree. Only if they do so, the case of the appellants comes within the provisions of Order 21, Rule 2, C.P.C It is further submitted that the use of the term...

.... The requirement of Order 21, Rule 2, C.P.C, that a decree holder has to certify the payment of adjustment made, to the Court stands satisfied in the instant case. While so...21, C.P.C Informing that an Appeal by the Insurance Corporation would be numbered only after 50% of the awarded sum had been deposited, it stated that an attempt was being made to pressurize it to...1. The Revision challenges the order passed by the Motor Accident Claims Tribunal (Chief Judicial Magistrate) Sivaganagai, on a Memo filed before it in M.C.O.P No. 82 of 2010...

...Order 21, Rule 2, C.P.C before the Executing Court stating that one Gandhimani, brother of the decree holder, obtained a power of attorney from them on 27.01.1999 and by the str...Order 21, Rule 2, C.P.C15. Now, it is the contention of the Revision Petitioners that Section 47 has wide scope and any question between the parties can be...provisions of Order 21, Rule 2 of C.P.C dealing with adjustments of the decree. When the satisfaction of the decree is based on an adjustment, provisions of Section 47 cannot...

...Application.4. Challenging the legality of that Order, learned Counsel for revision petitioners relied, on Order 21, Rule 2, Sub-rule (2) (a) and (b), ...contend that if any payment or adjustment is proved by documentary evidence, satisfaction of the decree could be entered under Order 21, Rule 2, C.P.C It is his case that the...the general provision must yield to the special provision.”Their Lordships held that Order 21, Rule 2, C.P.C is a special procedure, and if the payment or...

...the provisions of order 21 Rule 2. C.P.C and Article 125 of the limitation Act dismissed the suit on the ground of limitation as according to learned trial Court the claim...law in holding that the suit was barred by limitation inasmuch as the present plea of the plaintiff appellant does not come within the ambit of order 21 Rule 2 C.P.C On the...restrict the provisions of this section by saying that it shall not apply to a compromise decree. Contention of Mr. Gopal is therefore, rejected.8. Rule 2 of Order 21 C.P.C provides for...

...the decree-holder would move for an adjournment and that therefore the ex parte order was passed against him on 7-2-1953 should be set aside and his application under Order 21, Rule ...Order 21, Rule 2, C.P.C. was posted for enquiry. After some adjournments, the judgment-debtor examined himself and another witness on 16-4-53 and closed the evi...monthly instalments of Rs. 100/-. That application was dismissed on 5-12-1952, the judgment-debtor filed another application under Order 21, Rule 2 C. P. C. setting up an...