(1.) THE short question that arises to be decided in this case is as to whether the provisions of sub-section (2-A) of section 15 of the Madras City Civil Court Act, 1892, as incorporated by the Amending Act XXXIV of 1980, and which provision came into force on 7th March, 1981, is retrospective or prospective. THE Principal City Civil Judge, Madras, in his order, dated 15th December, 1981 in C. M. P. No. 1121 of 1981 in C. M. A. No. 137 of 1981, under revision, held that it is retrospective in operation and that the appeal filed before him by the first respondent herein (Advocate-Receiver) was maintainable. It is against this order that the present revision has been filed.
(2.) THE necessary facts for the disposal of this revision petition may be stated: O. S. No. 5109 of 1968 was filed in the Court of the Fifth Assistant City Civil Judge, Madras, for realisation of licence fee for several years payable by the contractors in respect of the suit properties situated at door No. 18, Bazar Road, Mylapore, at the rate of Rs. 500 per mensem. Mr. K. Raghavan, the first respondent, .was appointed Advocate-Receiver in Application No. 2092 of 1969 and he took possession of the . properties on 11th September, 1972. Though by the order of appointment he was required to file accounts once in two months, he filed his first account on 2nd July, 1973 for the period ending 31st May, 1973 and the second account on 20th March, 1976 for the period from 1st June, 1973 to 30th September, 1975. THEreafter, on 16th March, 1976 an application (I. A. No. 7214 of 1976) was filed for directing the Receiver to account for the income received by him and he filed his third account on 24th March, 1976 for the period from 1st October, 1975 to 29th February, 1976, and finally on 13th October, 1976 he filed a .nil. account for the period ended 25th July, 1976. THEreafter, I. A. No. 2338 of 1976 was filed for discharging the Receiver and he was discharged from the receivership in August, 1976 and another Receiver was appointed in his place.
(3.) BY order, dated 20th September, 1976, the Fifth Assistant Judge, City Civil Court, Madras, before whom I. A. No. 2714 of 1976 came up for hearing, directed the Receiver to deposit Rs. 28,122.74. Aggrieved by the said order, the Receiver preferred C. M. A No. 647 of 1976 to this Court and the fourth plaintiff filed a cross-objections claiming that the Receiver is bound to deposit a sum of Rs. 60,750.