1. This is a Rule obtained by the judgment-debtor callingupon the decree-holders to show cause why the order directing execution toissue should not be set aside. The decree was obtained as long ago as the 5thApril 1909 and the application for execution was made on the 17th December1913. Between these two dates on three occasions, as found by the learned Judgeof the Court below, the judgment-debtor made part-payments to thedecree-holders, namely, on the 6th March 1911, 18th March 1912 and the 21stFebruary 1913, Receipt of each of these payments was endorsed on the back of anoffice copy of the decree, and thereupon the decree-holders applied on the 17thDecember 1913 for execution for the balance remaining due under the decree.They stated in their application the fact that there had been part-paymentsmade and asked the Court to issue execution for the balance. Thejudgment-debtor stated that he did not make any part-payment and that theentries on the back of the copy of the decree rendering such payments were notgenuine. There can be no doubt that these part-payments were genuinetransactions and the learned Judge came to a correct conclusion when he sodecided. The only question is whether these part-payments have been properlyrecorded in the Court because under the terms of Order XXI, rule 2, sub-rule(3), Code of Civil Procedure, "a payment or adjustment of a decree whichhas not been certified or recorded, shall not be recognized by any Courtexecuting the decree." There is no definition of what certifying orrecording is: but it is quite clear that the practice in this country is thatthe decree-holder certifies the part-payments in the application for executionand thereupon the Court having recorded the whole of the petition directsexecution to issue for the balance. There is no doubt that that a the usualmode of proceeding and that it is not usual that a separate petition is filedmerely certifying the part satisfaction of the decree. There is no period oflimitation fixed within which the decree-holder must certify and, therefore,the decree-holder can certify the part-payments at any time and if the partpayment be within time to prevent the decree from being barred, then executioncan issue for the balance. In this case the last part-payment was on the 21stFebruary 1913 and the execution was applied for on the 17th December of thesame year. That was obviously within time. The present Rule, therefore, failsand must be discharged with costs--one gold mohur.

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Lakhi Narain Gangulivs. Felamani Dasi (29.06.1914 -CALHC)