BALAKRISHNAN Vs. GANGADHARAN

JUDGEMENT

(1.) The revision petitioner is the judgment debtor in O.S. No. 230 of 1968 of the Munsiff's Court, Ernakulam. He executed a promissory note for Rs. 7,500 in favour of the respondent decree holder on 3rd February 1965, agreeing to pay interest at 6 per cent. Towards the above transaction 3 payments were made of Rs. 1,173, Rs. 1,000 and Rs. 2,100 respectively. The suit was filed for an amount of Rs. 3,803.08. It was decreed with a direction to credit an amount of Rs. 300 paid pending trial. Besides the principal amount and interest the decree holder was allowed costs amounting to Rs. 876.42. The decree was on 24th March, 1971. E.P. No. 59 of 1975 was filed for execution of the decree for an amount of Rs. 6,146. The revision petitioner claimed relief under Ordinance 1 of 1977 which has subsequently replaced by Ordinance 9 of 1977 and Act 17 of 1977. The court held that since the debt exceeded Rs. 3,000 the judgment debtor was not entitled to the benefit of Act 17 of 1977 (for short the Act). It is this order that is challenged here.

(2.) According to the petitioner, if interest and costs are not taken into account the balance amount due to the respondent would be less than Rs. 3,000, and as such, he is entitled to relief under the Act. So far as interest is concerned, it is not disputed that the same is liable to be excluded in view of the definition of 'debtor' in S.2(4) of the Act. Relevant portion of the definition reads:

(3.) Interest has been defined in S.2(6) of the Act. The definition reads: