Law:

Section:

Civil Procedure Code (V of 1908)--- ----0. XXI, R.1---Mode of paying money in satisfaction of money decree--­Such payment has either to be made into the executing Court, or through a Bank or postal money order. or evidence through writing signed by decree­holder or his authorised agent or as per directions contained in the decree itself---Where decretal amount was paid out of Court or same was otherwise adjusted in whole or part, then decree-holder would certify such payment or adjustment to executing Court---Judgment-debtor was also under legal obligation to inform the executing Court as to such payment or adjustment--­Court would certify the same after issuing legal notice to decree-holder---Any payment made in the manner not provided in OXXI, R.1, C.P.C. or adjustment not made in writing could not be recognized by executing Court. Muhammad Ishak Ali v. Hiralal Seraogi PLD 1964 Dacca 637 rel. JUDGMENT The respondent/plaintiff filed a suit for recovery of Rs.15,000. The appellants/defendants appeared. The parties compromised and the statements of the learned counsel for the parties were recorded, according to which the suit was decreed to the extent of Rs.12,000 which amount was payable in two equal installments on 20-12-1991 and 20-3-1992 and in case of default, the decree was deemed to be for Rs.15,000. The appellants failed to pay the amount, and, therefore, the respondent filed an execution petition on 3-11-1992. The appellants filed an objection petition on 14-12-1992 and took up the position that they had already paid Rs.6,000 on 31-3-1992. The appellants were asked to submit surety in the sum of Rs.15,000 which order was complied with. The executing Court thereafter framed the issues on 23-12-1992 and the petition was adjourned to 6th January, 1993, for evidence of the appellants. Then the petition was adjourned to 23rd of January, 1993, but since no evidence was in attendance, therefore, the appellants requested for time and the matter was adjourned to 10th of February, 1993, on which date the parties requested for adjournment to effect compromise. The petition was accordingly adjourned to 23-2-1993 but it was made clear that in case they fail to reach…

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