JOSEPH THOMAS Vs. HARIHARA IYER

JUDGEMENT

(1.) THESE two appeals were heard together as the questions arising for decision are common.

(2.) THE appellant in A. S. 306 of 1960 and the appellant in a. S. 308 of 1960 were judgment-debtors in two suits. THEy applied for discharging the respective debts under S. 4, 5, 7, 8 and 9 of Act 31 of 1958. THE applications were dismissed on the ground that there was default in depositing the second instalment on the due date; hence these appeals.

(3.) AS matters now stand it cannot be said that there was no default in the payment of instalments and the only course open for the court under S. 8 is to dismiss the petitions. It was urged that in view of the amendment of S. 4 of Act 31 of 58 by Act 2 of 1961, the right of the appellant under S. 4 may be left intact. We consider this request reasonable and hold that the decision of these appeals will not prejudice the appellant's right to move afresh for such relief as they may be entitled to under S. 4.