Q ¥ W" Sangm Bemh ‘@ IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION 227 NO. 2009 PETITIONERS Decree Debtors] Bhadoo Ram, S/o Chandu, aged about 45 years; 2) Keshari S/o Chandu, aged about 35 years; Village Kawardha, Both are R/ o Khairvanakala, P.S.H. Distt. Kabirdham (C.G.) VERSUS RESPONDENT: {/l) Jhadiram S/o Maya Ram, aged [Decree Holder] about 71 years, R/o village 4 Kh- > —airvanaka1a, P..s.H.' .Kawardha, Distt. Kabirdham (C.G.) 2) Tatu Ram, S/o Chandu, aged ab- -out 40 years, 3) Bharat S/o Hari, aged about 25 years, Respondent No.2 85 3 are R/o village Khairvanakala, P.S.H. . Kawardha, Distt. Kabirdharn (CG) [Decree Debtor] [Decree Debtor] [ : X / @ EWWW WWW >wDW3?‘1mw 3, mmaaaiw Mam mm mm wm WWW ' #a’fcmm S.B. Hon’ble Shri Justice N.K. 24.08.2009 Smt. Meena Shashtri, Adv catc for the petitioners. Heard on admission. The instant petition is irected against the order dated 10.09.2008,‘passed by the Civ Judge Class II, Pandaria, Distt. ‘Kabirdham, in civil suit No. 8- 05 (Jhadi Ram v. Bhadoo Ram & Others), whereby and whereund r the trial court declined to record the adjustment of money alle ed to be paid by the judgment debtor/petitioner to the decree ho lder. Smt. Shashtri submits that as per Order 21 Rule 2 (1) of CPC, the duty is cast upon the decree holder to inform the court about any amount received by him against the decree and therefore, the order passed by the trial court is illegal and deserves to be set aside. I have heard the counsel appearing for the petitioners and perused the record, ‘ Order 21 Rule 2 of CPC r s as under: “2 Payment out of co rt to decree holder~ (l) Where any money payable nder a decree of any kind is paid out of court, or a decree of any kind 1s otherwrse adjusted] in whole or in part to the satisfaction of the d ree holder the decree holder Mum awn WM 9w m. “swam.“ xmtamtagmauW—rs/95—~11/zoos 1 on ooo ma... ”as“. $3260 , m‘mmahiw) v mmW' . mm fsi?m i mmm %’3im’azrésr shall certify such payment of adjustment to the court whose dut it is to ecute the deree, and the court shall ecor e sa ccordingly. ). The judgmet tor or any person who has becom uty or judgment debtor] also may nform th court o h ayment or adjutment, and apply o the court ssue a notice to the ecree hoder to show cau n a day to e nxed by the court, wy suc p nt or adjustment should not ' ; and i aher service of uch notic the decree ho r ails t show cause why the payment or ajst t should not be recored as cerfied, the co shall record the same accorlngly. [(2A) No paym or adjustment sall be ecorded at he instan judgment detor uness- (a) the payment is d in the manner provided i rule 1', or (b)the payment or adstment is proved by documentary e nce; or (c) the payent adjutment is admitted by, or on behalf of, the d ee holder in his reply to the notice given under s rule (2) of rule l, or bere the A ba perusal of Order 1 Rule 2 (A) would reveal that no recded at the instance the judgment debtor nless th pa nt is made in the manner provided in rule l' or the payment or ad ustment is proved by documentary ev1dence ayment or adjustment shall u e y e anwwwaam v , WM q, m, “mm“.w . can .r 9.. mm, aramwwgwm—i V95 n[zces 1 no ooo ; y xe c rd th me a (2 n b [ e sre f t e i e f s c p s t t i d l s , o b h h a e d £ s e l e f o ,. dum n d ti u d e t h r t ce of e b l ae n ju v' e m or s e r u fo re e or of p . ”kw ;~g#“ ‘ __ ‘ ‘ u:w;~.~,<,m»u,w‘