Article 125 (Art. 174 of the Act of 1908):
The period of limitation for an application to record an adjustment or satisfaction of a decree is thirty days and the time of limitation starts to run from the date when the payment or adjustment is made.
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ADVERTISEMENTS:
The Article 125 would apply to adjustment or satisfaction of all kinds of decrees, irrespective of their nature or class. The application referred to in this article is an application under Order XXI, Rule 2(2) of the Civil Procedure Code made by the judgment-debtor.
This Article has no application where the decree holder takes steps under Order XXI Rule 2(1) to report satisfaction suo motu. The decree holder may apply for certification before the executing Court within a reasonable time so that it may be recorded by the executing Court. When the decree-holder himself intimates the Court about the adjustment, no notice to judgment-debtor is necessary.
ADVERTISEMENTS:
When the certification is sought for by the judgment-debtor limitation is 30 days from the date of payment or adjustment in view of Art. 125 of the Limitation Act, 1963. Any adjustment or satisfaction of a decree if made outside the Court or if sought to be recorded in Court has to be \done within 30 days of payment, adjustment or satisfaction and when it was not brought to the notice of the Court within the requisite time it could not be pleaded subsequently.