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Civil Procedure Code, 1908 (V of 1908), Order XXI Rule 2 - Settlement - Any mode of satisfaction of the decree will have to be certified in a manner indicated under Order XXI Rule 2 of CPC - In the absence of any certification of the satisfaction of the decree as indicated under Order XXI Rule 2 of CPC, it is not open for the judgment debtor to object the execution of the decree stating that subsequent to the decree, the parties have settled the dispute.
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.
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