For proper appreciation, Order 21 Rule 2 of CPC is extracted hereunder: –
“2. Payment out of Court to decree holder: –
(1) Where any money payable under a decree of any kind is paid out of Court, 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 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 of 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.
(2-A) No payment or adjustment shall be recorded at the instance of the judgment debtor unless
(a) the payment is made in the manner provided in rule 1; or
(b) the payment or adjustment is proved by documentary evidence; or
(c) the payment or adjustment is admitted by, or on behalf of, the decree holder in his reply to the notice given under sub-rule (2) of rule 1, or before the Court (3) A payment or adjustment, which has not been certified or recorded as aforesaid, shall not be recognised by any Court executing the decree. “
Analysis
A bare perusal of the above said Rule would show that the same will come into operation only in a case where any money payable under a decree is paid out of Court in whole or in part to the satisfaction of the decree holder. Only in such circumstances, if the money is paid out of Court, payable under a decree, either the decree holder shall certify such payment or adjustment to the Court and the Court shall record the same accordingly.
The judgement debtor also may inform the court of such payment or adjustment and apply to the Court for recording or certifying such payment or adjustment.
Sub-Rule 2A contemplates that no payment or adjustment shall be recorded at the instance of the judgment debtor unless the payment was made in the manner provided in rule 1; or the payment or adjustment was proved by documentary evidence; or the payment or adjustment was admitted by the decree holder before the Court. Sub-Rule (3) contemplates that a payment or adjustment, which has not been certified or recorded as aforesaid, shall not be recognised by any Court executing the decree.
Thus, a combined reading of all the sub-rules of Order 21 Rule 2 of C.P.C. it shows here again that the Court cannot go beyond the decree and what is contemplated is recording or certifying of the payment or adjustment of the money paid outside court, which is otherwise payable under the decree passed by the court. Thus, the grounds to be made under Order 21 Rule 2 must be either in terms of the decree or in consonance with decree and not against the decree. Therefore, even by construing the application filed by the respondents as the one under 21 Rule 2 CPC, still the same is not maintainable to grant the relief as it is not the case of the respondents that the money payable under the decree was paid out of court settlement to the decree holder.