LEKSHMI Vs. SIVA PILLAI

JUDGEMENT

(1.) The decree holder in O.S. 1185/03 on the file of the District Munsiff's Court of Nagercoil has preferred this Second Appeal. The sole question for decision relates to the interpretation of the words "the date of the decree" in S.11 of the Travancore Debt Relief Act (II of 1116). The facts relevant for the purpose of this second appeal may be briefly stated as follows:-

(2.) The District Munsiff's Court of Nagercoil passed a decree on 27.4.110/12.12.34 allowing the decree holder to recover from the defendant 107 Kottahs, 3 marakkals and 6 padies of paddy or its value in money. On appeal to the District Court the decree of the Trial Court was modified, allowing recovery of a higher amount viz., 4911 fanams. The decree of the District Court was passed on 19.11.1111/2.7.36. The defendant's second appeal against the decree was dismissed by the High Court of Travancore on 9.7.1115/21.2.40. The judgment debtor applied under S.8, 9 and 15 of Act 11 of 1116 for fixing the amount of the debt and allowing payment of the same in instalments. The amount had to be fixed according to the provisions of S.11 of the Act which is extracted below:

(3.) The question for decision is whether the words "the date of the decree" in S.11 means the date of the Trial Court's decree or of the decree passed by the appellate or second appellate court. In respect of decree debts to which the Debt Relief Act applies, S.11 effected a change in the preexisting law which was contained in S.31 of the Travancore Code of Civil Procedure. S.31 was in these terms:-