Allahabad Court May 1925 Judgments

Amar Singh Vs. Mt. Ram Dei

Court: Allahabad

Reported in: AIR1925All802

Boys, J.1. In this case, on the 10th of April 1920, the decree-holder obtained a final decree for Rs. 2,338 on a mortgage. On the 6th of April 1923, the decree-holder is said to have received Rs. 50 from the judgment-debtor towards satisfaction of the decree. On the 3rd of July 1923, the decree-holder applied under Order 21, Rule 2, certifying the payment of Rs. 50, and this was duly recorded by the Court. On the 19th of September, 1923, the decree-holder applied for execution. Without issuing notice to the judgment debtor the first Court summarily rejected the application as barred by limitation. It will be seen that the date of the alleged payment of Rs. 50 was a few days within the period of limitation, whereas the certificate was some three months after the period of three years from the date of the decree had expired. The first Court then held that the application for execution was barred by limitation in that payment was certified under Order 21, Rule 2, after the period of three...