CPC O.21 R.2
Civil Procedure Code, 1908 (V of 1908), Order XXI Rule 2 – Execution filed to recover past maintenance payable to the wife – Husband’s objection that after the decree, an agreement has been executed between the judgment debtor and the decree holder and the decree holder was permitted to reside along with the judgment debtor and therefore, the decree is inexecutable – Execution Court overruled the objection – If the parties have settled their differences and executed agreement, satisfaction of the decree has to be certified in the manner indicated under Order XXI Rule 2 of the Code of Civil Procedure, 1908 – In the absence of any certification of the satisfaction of the decree in a manner laid down under the law, the judgment debtor cannot object the execution of the decree pointing out the settlement between the parties – Order upheld.
