(1)When payment under a decree is made out of Court or it is otherwise adjusted in whole or in part under Order XXI, Rule 2 (1), a certificate in the form given below shall be presented to the Court. Such certificate need not be stamped. Should the certificate be accompanied by a formal written application, the application must be stamped under the Court-fees Act; but the stamp shall not be charged as costs against the judgement-debtor. The form of the certificate shall be as follows :In the Court of the.......at...................Plaintiffversus.........DefendantExecution Case No of 20.................Certificate By Decree-Holder/pleader For The Decree-Holder Under Order XXI, Rule 2 (1), Civil Procedure CodeI,...........decree-holder/pleader for the decree-holder, certify to the Court payment or adjustment in the following terms of the amount of Rs...............in the above case by...........on the......Date ....20...........Decree-holder/pleader for the Decree-holderNote 1. - If the certificate contains any extraneous matter or anything in the nature of a prayer, it should then be treated as an application, and will require to be stamped.Note 2. - The payment or adjustment shall be noted in the appropriate columns of the register of suits.(2)Whenever it comes to the knowledge of a server who has a process for execution that a payment has been made out of Court, he should report it in the endorsement required to be made under Order XXI, Rule 25 (1). The Court will then ascertain whether the decree-holder admits receipt of the payment, and the amount of which receipt is admitted should be recorded as required by Order XXI, Rule 2, and entered in the register of suits. If payment is not admitted by the decree-holder, it should be ascertained whether the judgement-debtor asserts that he made the payment; any necessary inquiry will then be made under Section 47 of the Civil Procedure Code and the result noted in the aforesaid register.
