- (1.) The respondent instituted execution proceedings to execute money decree passed against the petitioner. In response to the notice issued therein, he filed objections, pleading that he had already satisfied the claim in the decree by paying Rs. 12000/- before the Panchayat. The executing Court dismissed the objections in view of clause (b), sub-rub (2A) of rule 2 of Order 21 of the Code of Civil Procedure which reads as :- "(b) the payment or adjustment is proved by documentary evidence." Sub- rule (2A) of rule 2 of Order 21 provides that no payment or adjustment shall be recorded at the instance of the judgment-debtor unless any of the three causes including the above noted clause (b) is satisfied. Sub-rule (3) provides that a payment or adjustment which has not been certified or recorded as aforesaid shall not be recognised by any Court executing the decree. However, in the State of Haryana, by the provisions of Haryana Relief of Agricultural Indebtedness Act, 1976, this sub-rule (3) of rule 2 stands deleted with the result that the judgment-debtor can prove payment or adjustment of the decree even if it has not been recorded in accordance with the provisions of sub-rule (2A) of rule 2 of Order 21 of the Code of Civil Procedure. The trial Court, therefore, committed an error in dismissing the objection without going into its merits and without recording evidence of the parties.
(2.) The learned counsel for the respondent, however, urged that though the provisions of sub-rule (3) have been deleted still the provisions of sub-rule (2A) which provide the mode to prove payment or adjustment are in force and applicable and no oral evidence can be given regarding any payment or adjustment of the decree. This matter was not raised before the trial Court and I do not feel necessary to express any opinion on this matter. The decree-holder would be entitled to agitate this matter before the executing Court who shall decide the same after hearing the parties.
(3.) In view of the above discussion, this petition is allowed and the case is sent back to the executing Court for taking further proceedings in accordance with law. The parties through their counsel, have been directed to appear in the trial Court on October 9, 1978. No costs.;