Monday, 11 January 2021

Payment out of Court to decree-holder: O21 R2

 

Code of Civil Procedure

 

2. Payment out of Court to decree-holder.—(1) Where any money payable under a decree of any kind is paid out of Court, 1[or 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 shall record the same accordingly.

(2) The judgment-debtor 1[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.

Note: 1. Subs. by s. 72, ibid., for certain words (w.e.f. 1-2-1977).

 

Code of Civil Procedure

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