TMI Blog2006 (4) TMI 582X X X X Extracts X X X X X X X X Extracts X X X X ..... ji Bhai. Appellant No. 2 Kanji Bhai purchased the suit property in the name of his wife Padma Ben (Appellant No. 1), by registered sale deed on 25.8.1980. Decree was granted in favour of the landlords. Tenant filed an appeal before the District Judge. Before the matter could be decided on merits an application purported to be under Order XXIII Rule 1 CPC was filed before the Appellate Court. The application was signed by the plaintiff-landlord and the defendant. The appeal was dismissed in terms of the application. Later on, the present appellants tried to execute the decree which was resisted by the defendants on the ground that (1) the decree has become in-executable; (2) the landlords were not ready and willing to perform their part of the contract and (3) a suit for specific performance had already been instituted. The execution application filed was pressed by the present appellants on the grounds that adjustments in terms of Order XXI Rule 2 CPC was not recorded. In any event the Court cannot take cognizance of the adjustment under Sub-rule (3) of Rule 2, Order XXI CPC and there was never any readiness or willingness to perform their part of the defendants and as such the dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - (1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit. (2)* * * (3) Where a question arises as to whether any person is or is not the representative of a party, such question shall, for the purposes of this section, be determined by the Court. Explanation I. - For the purposes of this section, a plaintiff whose suit has been dismissed and a defendant against whom a suit has been dismissed are parties to the suit. Explanation II. - (a) For the purposes of this section, a purchaser of property at a sale in execution of a decree shall be deemed to be a party to the suit in which the decree is passed; and (b) all questions relating to the delivery of possession of such property to such purchaser or his representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree within the meaning of this section. ORDER XXI - EXECUTION OF DECREES AND ORDERS 2. Payment out of Court to decree - holde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o harmonise them so that the purpose of the Act may be given effect to and both the provisions may be allowed to operate without rendering either of them otiose. The statute has to be read as a whole to find out the real intention of the legislature. In Canada Sugar Refining Co. v. R. 1898 AC 735 : 67 LJPC 126, Lord Davy observed: Every clause of a statute should be construed with reference to the context and other clauses of the Act, so as, as far as possible, to make a consistent enactment of the whole statute or series of statutes relating to the subject- matter. 7. The Court has adopted the same rule in M. Pentiah v. Muddala Veeramallappa [1961]2SCR295 ; Gammon India Ltd. v. Union of India (1974)ILLJ489SC , Mysore SRTC v. Mirja Khasim Ali Beg (1977)ILLJ262SC , V. Tulasamma v. Sesha Reddy [1977]3SCR261 , Punjab Beverages (P) Ltd. v. Suresh Chand (1978)IILLJ1SC , CIT v. National Taj Traders [1980]121ITR535(SC) , Calcutta Gas Co. (Proprietary) Ltd. v. State of W.B. AIR1962SC1044 and J.K. Cotton Spg. Wvg. Mills Co. Ltd. v. State of U.P. (1961)ILLJ540SC . This rule of construction which is also spoken of as ex visceribus actus helps in avoiding any inconsistency either w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 lays down that the court to which a decree is transferred for execution shall have the same powers in executing that decree as if the decree was passed by itself. These provisions including Section 37 thus clearly speak of the powers and jurisdiction of the court executing the decree. Order XXI Rule 2 applies to a specific set of circumstances. If any money is payable under a decree, irrespective of the nature of decree, and such money is paid out of court, the decree-holder, has to certify such payment to the court whose duty it is to execute the decree and that court has to record the same accordingly. Similarly if a decree, irrespective of its nature, is adjusted in whole or in part to the satisfaction of the decree-holder, the decree-holder has to certify such adjustment to that court which has to record the adjustment accordingly. If the payment or adjustment is not reported by the decree-holder, the judgment-debtor has been given the right to inform the court of such payment or adjustment and to apply to that court for certifying that payment or adjustment after notice to the decree-holder. Then comes Sub-rule (3) which provides that a payment or adjustment which has not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee under Section 47 can thus be exercised subject to the restriction placed by Order XXI Rule 2 including Sub-rule (3) containing special provisions regulating payment of money due under a decree outside the court or in any other manner adjusting the decree. The general provision under Section 47 has, therefore, to yield to that extent to the special provisions contained in Order XXI Rule 2 which have been enacted to prevent a judgment-debtor from setting up false or cooked-up pleas so as to prolong or delay the execution proceedings. The aforesaid aspects were highlighted in Sultan Begum's case (supra). 14. As emphasized by learned Counsel for the appellants, the agreement of the appellants who were respondents in the earlier appeal not to execute the decree was conditional on the appellants in the said appeal executing a sale-deed after receiving the amounts agreed upon. In other words, there were two components of the agreement. Second part related to the agreement not to execute the decree which was dependant upon the execution of the sale-deed. Undisputedly, the same has not been executed and on the other hand suit for specific performance of the agreement has been file ..... X X X X Extracts X X X X X X X X Extracts X X X X
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