Order XXI, Rule 1(1)(b) of the Code permits out of Court payment by the judgment-

 2023 CLC 1974

Order XXI, Rule 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 learned Court whose duty it is to execute the decree. However, under Order XXI, Rule 2(2) of the Code judgment debtor can also inform the Court and apply the learned 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 no requirement in Order XXI, Rule 1(1)(b) of the Code that the acknowledgment must bear the revenue stamps. In this regard aforesaid rule merely requires that the this out of Court payment should be evidenced in writing and signed by the decree-holder or his authorised agent. Furthermore, the legislature has used the word ‘may’ in Rule 2(2) ibid, when allowing the judgment-debtor to apply or inform the Court regarding out of Court payment made to decree-holder. The relevant provisions do not provide any consequence for not informing or applying the concerned learned Court after such payment through permissible mode, either.