RAMANBHAI TRIKAMLAL Vs. VAGHRI VAGHABHAI OGHABHAI

JUDGEMENT

(1.) The question that has been referred to this Full Bench is as follows :

(2.) If the decision in Zabuben v. Mansukhlal (supra) is still good law after the decision of the Supreme Court in Kerala State Electricity Board v. T.P. Kunhaliumma (supra) then obviously it must be held that the execution application filed on June 15 1964 was not barred by limitation.

(3.) In order to understand the contentions arising in this case it is necessary to refer to some of the provisions of the Bombay Agricultural Debtors Relief Act 1947 and some of the provisions of the Indian Limitation Act 1908 and the Limitation Act 1963 The Bombay Agricultural Debtors Relief Act hereafter called the B.A.D.R. Act was enacted because the Legislature thought it expedient to consolidate and amend the law for the relief of agricultural debtors in the State of Bombay and for certain other purposes specified in the Act. Under sec. 2 sub-sec. (3) of the B.A.D.R. Act Court means the Court of the Civil Judge (Senior Division) having ordinary jurisdiction in the area where the debtor ordinarily resides and if there is no such Civil Judge the Court of the Civil Judge (Junior Division) having such jurisdiction and includes any Court to which an application may be referred for disposal under sec. 13 Under sec. 2 sub-sec. (1) Award means an award made under sub-sec. (4) of sec. 8 or secs. 9 32 or 33 or as confirmed or modified by the Court in appeal. Sec. 32 of the B.A.D.R Act makes provision for the passing of an award and the award has to be passed by the Court after determining the amount of debts scaled down in the manner provided in sec. 31 and after scaling down the debts save as otherwise provided in sec. 33 the Court has to make the award. The award is to be in the prescribed form has to be drawn up in the manner laid down in sec. 32 sub-sec. (2). Sec. 38 of the B.A.D.R. Act provides that every award made under the Act if it is in respect of debts charged on the properties of the debtor shall on payment of the court-fee payable under sec. 44 be registered in the manner provided in Chapter 11-A. The court-fee on the award has to be paid by the party directed by the Court to bear the costs. Sub-sec. (3) of sec. 38 is material for the purposes of this section. It provides: The award shall be executed as follows: