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prof s c pratihar (medical practitioner &legal studies)     04 November 2008

meaning of the word adjustment so far execution of a decree is concerned

r, 

         in execution of a decree  the code prohibit s the executing court from recognising any payment or adjustment which has not been certified or recorded.the rule is mandatory and prohibition is absolute. payment orADJUSTMENT not certified under Rule 2(3)of Order 21 would not be recognised by the executing court.can this adjustment be something in lieu of money if agreed by both the parties ?



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 2 Replies

mastanrao.bhogadi (advocate)     08 November 2008

Sir,


An agreement, contract or compromise which has the effect of extinguishing the decree in whole or in part on account of decree being satisfied to that extent will amount to an adjustment of the decree within the meaning of this rule and the court , if approached,  will issue the certificate of adjustment

prof s c pratihar (medical practitioner &legal studies)     09 November 2008

thanks a lot


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