RAMA REDDIAR Vs. RAJA REDDIAR

JUDGEMENT

(1.) THE decree-holders are the petitioners, before this Court and the judgment-debtors are the respondents. THE petitioners, each filed a suit and obtained a decree on 16th October, 1978 and 5th January, 1979, for half of the principal amount and half of the interest due as per Act XL of 1978. When Act XL of 1978 was repealed by Act XL of 1979 they became entitled to get the full amount of principal and interest due. THEy, therefore filed petitioners under sections 31 to 33 of Act XL of 1979 to amend the decrees. THE trial Court came to the conclusion that when once the decrees are executed or satisfied, the petitioners cannot amend the decrees as per section 33 of Act XL of 1979, and as the petitioner in C.R.P. No. 1122 of 1980 has executed the decree and realised a sum of Rs. 500 on 21st April, 1979, Rs 300 on 19th June,1979 and Rs. 4,000 on 2nd July, 1979 and the petitioner in C.R.P. No. 1126 of 1980 has executed the decree and realised a sum of Rs. 100 in E.A. No. 16 of 1979, and a further sum of Rs. 200 in E.A. No. 54 of 1979, the petitioners are barred from filing the present petitions to amend the decrees by virtue of the provision contained in section 33(2). Against that order the petitioners have filed the present civil revision petitions.

(2.) THE learned counsel for the petitioners contended that section 33 (2) will apply only in those cases where the decree has been executed in full or satisfied in full before the date of publication of this Act and as the decrees covered in these civil revision petitions have not been fully executed, the bar under section 33 (2) will not operate.

(3.) THE petitioners obtained the decrees on 16th October, 1978 and 5th January, 1979 when Act XL of 1978 was in force. In view of the provisions contained in Act XL of 1978 the petitioners were able to get a decree for half of the principal amount and half of the interest due. Act XL of 1978 was repealed by Act XL of 1979 under which the petitioners became entitled to get a decree for the full amount of the principal and the interest due. After the coming into force of Act XL of 1979, the petitioners filed applications for amendment of the decree. THE question to be considered is whether the bar under section 33 (2) operates only when the decree has been executed in full or even in those cases where a decree has been executed only partially and some amount has been realised under the decree.