High CourtsDivision Bench(1922) 12 BOM CK 0033

Ganesh Mahadev Sahasrabudhe vs Yeshwant Mahadev Phadke

Bombay High Court · Decided on 19 December 1922 · Citation: AIR 1923 Bom 253 : (1923) 25 BOMLR 247 : 95 Ind. Cas. 410

HON’BLE JUDGES
Norman Macleod, J · Crump, J
CASE NUMBER
Civil Extraordinary Application No. 104 of 1922

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Judgment

1 paragraphs · 107 words

Norman Macleod, Kt., C.J.—The Rule must be made absolute and the case sent back for trial on its merits, The plaintiff alleged that he had made a payment of Rs. 300 to his pleader who had paid the amount to the judgment-creditor. As it was not certified under Order XXI, Rule 2, the Court executing the decree could take no cognizance of that payment, but if the creditor by taking out a Darkhast recovered the amount over again that would not bar the judgment-debtor from seeking to recover the amount which r. he had paid to his creditor without its being certified. Costs will abide the result.