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    <title>1937 (12) TMI 12 - ALLAHABAD HIGH COURT</title>
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    <description>Money realised by a decree-holder through execution of an attachment order passed by the court is not a payment made out of court within Order 21 Rule 2 CPC, because it arises from court-supervised execution rather than private adjustment; certification under that rule was therefore unnecessary, and the judgment-debtor could claim credit for the amount. A decree-holder subject to an earlier restitution order under Section 144 CPC requiring accounts of profits could not continue execution in disregard of that condition, and compliance with the account-rendering direction was required before further execution. The execution order was set aside, with further execution made conditional on satisfaction of the restitution direction.</description>
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    <pubDate>Fri, 10 Dec 1937 00:00:00 +0530</pubDate>
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      <title>1937 (12) TMI 12 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=276585</link>
      <description>Money realised by a decree-holder through execution of an attachment order passed by the court is not a payment made out of court within Order 21 Rule 2 CPC, because it arises from court-supervised execution rather than private adjustment; certification under that rule was therefore unnecessary, and the judgment-debtor could claim credit for the amount. A decree-holder subject to an earlier restitution order under Section 144 CPC requiring accounts of profits could not continue execution in disregard of that condition, and compliance with the account-rendering direction was required before further execution. The execution order was set aside, with further execution made conditional on satisfaction of the restitution direction.</description>
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      <pubDate>Fri, 10 Dec 1937 00:00:00 +0530</pubDate>
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