PARAMESWARAN PILLAI Vs. KOCHUKUNJU PANICKER

JUDGEMENT

(1.) The question referred to us for decision in this O. P. is whether an order under S.8 of the Kerala Act 31 of 1958 can be the subject matter of an application for amendment under S.7(2) read with S.7(1) of the Act.

(2.) The petitioner was an agriculturist debtor who obtained an order under the provisions of S.8 of the Act which is evidenced by Ext. P 4 dated 25-10-1960. After the amendment of the Kerala Act 31 of 1958 by Act 2 of 1961, he applied for amendment of the said order under the provisions of S.7(2) of the Act. The same was dismissed by the Subordinate Judge of Alleppey, and an appeal from the said decision was dismissed by the District Judge. These orders have been exhibited as Exs. P 2 and P 3 and this writ petition has been filed to quash these orders.

(3.) S.7 of the Act reads as follows: