For recording of a payment or adjustment in satisfaction of a decree, the judgment-debtor has to apply within 30 days of such payment or adjustment, as provided in Article 125 of Limitation Act.

However, there is no limitation for the decree-holder reporting the same to the court.

Therefore, when any payment or adjustment is pleaded in a counter filed by a judgment-debtor and it is not recorded according to Article 125 within 30 days, and is not accepted by a decree holder if the plea of discharge is beyond 30 days it is barred by Article 125 of Limitation Act and therefore there is no need to go into the merits of the particular claim and proceed with further steps if there is no other plea.

The only remedy for judgment-debtor is to sue the decree-holder for the said amount on ground that he has not reported the payment to the court. In case of instalments being prayed after a decree is passed, the period of limitation is 30 days as provided under Article 126 of Limitation Act.

ADVERTISEMENTS:

Therefore, any petition filed for granting of instalments after 30 days of passing of a decree, is not maintainable and has to be dismissed even without issuing notice to other side.

Therefore after the period of limitation only sometime can be granted for payment and it may be extended depending upon the circumstances of a case but no instalments can be granted.