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A judgment debtor seeks recording of an out-of-court cash payment towards a money decree. Assume the…

Rule 2(2A) permits recording at the judgment debtor’s instance where payment follows rule 1, is proved by documentary evidence, or is admitted by the decree holder. An…

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A judgment debtor seeks recording of an out-of-court cash payment towards a money decree. Assume the decree holder does not admit payment and the rule 1 payment mode is not proved. Which evidence can satisfy an alternative condition in Order XXI rule 2(2A) CPC?

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Answer and explanation

Correct answer C

Rule 2(2A) permits recording at the judgment debtor’s instance where payment follows rule 1, is proved by documentary evidence, or is admitted by the decree holder. An uncertified and unrecorded adjustment is not recognized by the executing court under rule 2(3). A document’s mere existence does not conclusively prove payment. See Order XXI, rules 1 and 2(2A)–(3) of the Code of Civil Procedure, 1908.

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Option A

The Code permits certification of out-of-court payment.

Option B

A third person’s presence alone does not establish the assumed documentary-evidence route.

Option C

Documentary proof is an express route under rule 2(2A)(b), followed by the recording process.

Option D

There is no universal notarization or oath-commissioner requirement.

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