Unrecorded compromise in execution cannot satisfy a decree; Order XXI Rule 2 CPC prevails over Section 47

In execution proceedings, an alleged compromise, waiver or out-of-court adjustment cannot be recognised as satisfaction of a decree unless it is certified or recorded under Order XXI Rule 2 CPC. Section 47 gives the executing court jurisdiction over questions of execution, discharge and satisfaction, but that general power yields to the special procedure governing payment or adjustment by consent. On the facts, the alleged arrangement was conditional, the contemplated sale deed was not executed, and no certificate of adjustment was obtained, so the decree remained executable and the High Court's contrary order was unsustainable.

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Issues: Whether an alleged compromise or waiver, not certified or recorded under Order XXI Rule 2 of the Code of Civil Procedure, 1908, could be recognised in execution proceedings so as to render the decree inexecutable, notwithstanding the executing court's power under Section 47 of the Code of Civil Procedure, 1908.

Analysis: Section 47 confers jurisdiction on the executing court to decide questions relating to execution, discharge and satisfaction of a decree, while Order XXI Rule 2 prescribes the special procedure for recording payment or adjustment out of court. The provisions were construed harmoniously, and the special mandate of Order XXI Rule 2 was held to control the general power under Section 47 in cases of adjustment or satisfaction by consent. An adjustment not certified or recorded cannot be recognised by the executing court. On the facts, the alleged arrangement was conditional, the contemplated sale deed had not been executed, and no certificate of adjustment had been obtained.

Conclusion: The alleged waiver or adjustment could not be treated as satisfaction of the decree in execution. The decree remained executable, and the order of the High Court was unsustainable.

Ratio Decidendi: In execution proceedings, an uncertified and unrecorded adjustment or compromise cannot be recognised under Order XXI Rule 2 of the Code of Civil Procedure, 1908, and the general power under Section 47 yields to that special procedural restriction.

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