THE HON'BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION No : 2492 of 2010 O R D E R: The respondent herein filed O.S.No.412 of 2002 on the file of the I Additional Junior Civil Judge, Guntur, for recovery of certain amount on the strength of a promissory note and the said suit was decreed on 06.03.2003. Thereafter, he filed E.P.No. 203 of 2010, under Order XXI Rule 2 C.P.C., seeking execution of the decree by attaching the salary of the petitioner herein, who is the Judgment debtor, directing the garnishee namely Guntur Municipal Corporation for realization of the decretal amount and costs. The petitioner filed a counter in the E.P. contending that he paid a sum of Rs.95,000/- on 15.02.2008 towards full satisfaction of the decretal amount and a receipt was obtained to that effect on that day. The said E.P. was dismissed by the learned Junior Civil Judge on the ground that the petitioner herein failed to follow the procedure under Order XXI Rule 2 C.P.C. and that the plea of discharge through receipt dated 15.02.2008 cannot be accepted under law and therefore, directed the garnishee/Municipal Corporation to attach monthly salary of Rs.1,000/- per month commencing from the month of June 2010, under Order XXI Rule 48 C.P.C., if there are no previous attachments. Aggrieved thereby, the petitioner preferred this Civil Revision Petition. Heard the learned counsel for the petitioner and the learned counsel for the respondent. Order XXI Rule 2 reads as under: “ 2. Payment out of Court to decree-holder: - (1) Where any money payable under a decree of any kind is paid out of Court, (or the 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 hall 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.” Admittedly, the petitioner herein failed to initiate steps after he discharged his liability under the decree, on 15.02.2008, as is required under Order XXI Rule 2(2) C.P.C. and no explanation whatsoever was offered by him in that regard. Therefore, it is manifest that the petitioner failed to follow the procedure contemplated under Order XXI Rule 2(2). In that view of the matter, the findings arrived at by the learned I Additional Junior Civil Judge, Guntur while allowing the Execution Petition, cannot be interfered. I do not find any legal infirmity in the order under revision and it is accordingly dismissed. No costs. (GHULAM MOHAMMED,J) 28th January 2011 ksld