CRP 209/2011 BEFORE THE HON’BLE MRS. JUSTICE ANIMA HAZARIKA Heard Mr. BM Choudhury, learned counsel appearing for the petitioners. The petitioners, who are the judgment debtors (JD for short) in Money Ex ecution No.3/2009 by the present petition has challenged the legality and validi ty of the orders dated 02.02.2010 and 14.12.2010 passed by the learned Executing Court in Money Execution Case No.3/2009 arising out of judgment and decree date d 16.06.2007 passed in Money Suit No.30/2005 by the Court of learned Civil Judge , Jorhat. By the aforesaid impugned orders, the learned Executing Court rejected the prayer made by the petitioner for adjusting the amount paid by the JD to th e Decree Holder (for short DH) outside the Court. The petitioners have filed the petitions before the Executing Court praying therein to adjust the amount of Rs .3,10,000/- from the decreetal amount and also to waive the interest accrued the reon. It is the case of the petitioner that during the pendency of the case befo re the learned trial Court as well as the learned Executing Court, an amount of Rs. 3,10,000/- has been paid to the DH by the JD from the decretal amount. Hence the aforesaid amount is liable to be deducted from the total decreetal amount o f Rs. 11,07,961.63/-. On perusal of the materials on record, I am satisfied that the impugned orders dated 02.02.2010 and 14.12.2010 passed by the Executing Court in Money Ex ecution Case No.3/2009 are not sustainable under the law, inasmuch as, the order s were passed over looking the statutory provisions of law provided under Order 21 Rule 1, 2 and 2A. Accordingly the aforesaid orders are set aside and quashed. In view of the above, the petitioner may approach the learned Executing Court with a fresh petition under the aforesaid provisions of law for recording adjustment of money paid by the JD to the DH outside the Court. If such a petiti on is filed before the Executing Court, the Court shall pass appropriate order i n accordance with law. The revision petition accordingly stands disposed of.