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TMI Blog1937 (12) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... oportionate costs. Thomas Skinner preferred an appeal to this Court against the decree which had been obtained by Mt. Kishan Dei. During the pendency of the appeal, it appears that Mt. Kishan Dei obtained possession over the property in suit in that case and also made an application for realising the sum for which she bad obtained a money decree and prayed for attachment of three decrees which Thomas Skinner held against one Benarsi Das. This prayer of hers was granted. Subsequently she executed two of these decrees and the finding of the Court below is that a total sum of ₹ 3369-10-0 was paid by Benarsi Das and Mt. Kishan Dei filed certificates in the cases in which the two decrees had been passed certifying the receipt of the above- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd as no accounts had been rendered, the decree-holder was not competent to execute the decree. The decree-holder took the plea in the Court below that as no application had been made in the Court executing the decree certifying any payment towards that decree within the period prescribed, Rule 2, Order 21, Civil P.C. applies and the judgment-debtor could not be permitted to plead any satisfaction partial or otherwise. The learned Judge of the Court below came to the conclusion that the contention raised by the decree-holder was correct. He held that as no steps had been taken to have the payment made to Mt. Kishan Dei by Benarsi Das oertified, the judgment-debtor in the present case could not be permitted to plead that payment. It is again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d before us by learned Counsel for the respondent that Rule 2, Order 21, applies to the case and therefore the judgment-debtor was not competent to ask that the payment made by Benarsi Das should be taken into account because no application had been made under Rule 2, Order 21, Civil P.C. Rule 2, Order 21 enacts as follows: (1) Where any money payable under a decree of any kind is paid out of Court, or the decree 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 shall record the same accordingly. (2) The judgment-debtor also may inform the Court of such payment or adjustment, and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Court and as they were not certified, the judgment, debtor cannot be permitted to take advantage of the same. We however do not think having regard to the circumstances of the onse before us, that it is correct to say that the payments were made out of Court. The decree-holder put his decree in execution against Thomas Skinner and asked that she should be permitted to execute the same with reference to the; amount for which she had obtained decree from the Court of first instance. The prayer was for the attachment of the decrees which were standing in favour of; the judgment-debtor, Mr. Thomas Skinner. It was in pursuance of an order passed by the executing Court that the decree-holder, Mt. Kishan Dei was authorized to; go to the Revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ney which was due to Thomas Skinner. The payment by Benarsi Das is made in the Court which had passed the decree against Benarsi Das. So, we are clearly of opinion that it cannot be said that this was a payment made out-j side the Court. There may be cases in which a Court may pass an order in favour of the decree holder directing an officer of the Court to go and realize a certain sum of money from the judgment-debtor. If the judgment-debtor makes a payment to an officer of the Court, it. would not be right to hold that that payment has to be certified to the Court because it was not made "in Court". The payment is made to an officer of the Court whose duty it is to go and inform the Court as to how he executed its order and ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laintiff's will have to be ascertained, and setting off the smaller sum against the bigger, the balance shall be paid to either of the two.... 8. It appears to us that having regard to this order which is binding upon the decree-holder, it is not open to her to execute her decree against Thomas Skinner unless she renders accounts of the profits which she had appropriated during her possession over Thomas Skinner's property. Ram Rachpal who is her assignee cannot be in any better position. There is however no finding of the Court below whether any account has been rendered by the decree-holder. This question will have to be decided by the Court below. For the reasons given above, we allow this appeal and set aside the order passed b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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