SIVATHANU PILLAI Vs. KESAVA IYER

JUDGEMENT

(1.) Decree holders 2 and 3 have preferred this appeal against the lower Courts order holding that the rate at which Defendant 5 deposited amounts under the debt-relief petition was proper and valid. This was so held after allowing the petitioners application to amend the Original Petition by reducing the admitted amount to Fs. 3200. The amount admitted in the Original Petition was Fs. 3800. As per the provisions of the Debt Relief Act he was bound to deposit 6 per cent of this amount. The deposit of Rs. 30 or 213 3/4 fanams was clearly short of this 6 per cent. He had thus forfeited his right to pay up the debt under S.8 & 9 of the Act. The defect could not be allowed to be cured by any subsequent amendment. The provisions in the statute regarding deposit of 6 per cent of the admitted amount are imperative. The lower Courts view against this position is clearly erroneous. Accordingly this appeal is allowed with costs and in reversal of the lower appellate Courts order, the first Courts order is restored.