Kannappa Chetty vs Croos – clr volume 3 page 069

In Kannappa Chetty v. Croos, the court addressed the procedural requirements for certifying payments made in partial satisfaction of a decree under Section 349 of the Civil Procedure Code. It was held that a petition by a judgment-debtor must be supported by an affidavit and sufficient documentary evidence to establish a prima facie case before the court issues notice to show cause. The principle reaffirmed is that procedural regularity, including sworn statements and timely evidentiary submission, is essential to obtain certification of payments made outside the court. The decision relied on the proper construction of Section 349 of the Civil Procedure Code, underscoring that insufficient or improperly supported petitions cannot be entertained, and the defect requires remittal for complia