-- Modes of paying money under decree --- Payment out of Court to decree - holder --- Scope --- Order XXI , R. 1 ( 1 ) ( b ) of the Code permits out of Court payment by the judgment

 2023 CLC 1974

Civil Procedure Code ----O.XXI , Rr . 1 & 2

--- Modes of paying money under decree --- Payment out of Court to decree - holder --- Scope --- Order XXI , R. 1 ( 1 ) ( b ) of the Code permits out of Court payment by the judgment - debtor through (i) bank or (ii) postal money order or (iii) payment which is evidenced in writing and signed by the decree - holder or his authorized agent --- Order XXI , Rule 2 (1) of the Code makes it obligatory upon the decree holder to certify such payment or adjustment before the Court whose duty is to execute the decree --- However , under O. XXI , R. 2 (2) of the Code judgment debtor can also inform the Court and apply the Court to issue notice to the decree - holder as to show cause as to why such payment or adjustment should not be recorded as certified --- There is requirement in O. XXI , R. 1 (1) (b) of the Code that the acknowledgment must bear the revenue stamps --- In this regard aforesaid rule merely requires that the out of Court payment should be evidenced in writing and signed by the decree - holder or his authorized agent --- Furthermore , the legislature has used the word ' may ' in R. 2 (2) , when allowing the judgment - debtor to apply or inform the Court regarding out of Court payment made to decree-holder --- Relevant provisions do not provide any consequence for not informing or applying the concerned Court after such payment through permissible mode , either .