VELAYYA REDDIAR Vs. ERRACHI REDDIAR

JUDGEMENT

(1.) L . P. A. 39 of 1968 - On the view we take, it is not necessary to deal with the correctness of the decision in Venkatarao v. Suryarao, ILR (1950) Mad 39. The suit, out of which the Letters Patent appeal arises, was instituted by the respondent for declaration and injunction or in the alternative for possession. There was a money decree in O.S. No. 362 of 1950, on the file of the District Munsif Court, Kulittalai. On 16 -7 -1950, there was attachment before judgment of the suit property. The attachment was made absolute on 23 -8 -1950. On 30 -1 -1951, followed a money decree. On 2 -4 -1953, when an execution petition was taken up, the judgment -debtor having died, his widow was brought on record. On 24 -9 -1953, there was an order to proclaim and sell on 25 -11 -1953. On 30 -11 -1953, the matter was called again. Though the sale was held on 25 -11 -1953, there was no bid and so, on 30 -11 -1953, there was an order made that since there was no bid steps should be taken in a week. The matter was directed to be called on 7 -12 -1953. On 30 -11 -1953, the plaintiffs purchased the suit tend and other properties from the widow of the judgment -debtor by a private treaty. On 5 -12 -1953, came into force the Madras Indebted Agriculturists (Temporary Relief) Ordinance, V of 1953. Section 3 of the Ordinance barred any suit or application to enforce agricultural debts for a period of one year. If the proceeding is pending in suit or execution, it should, as directed by Section 4, stand stayed until expiry of a year from the date of commencement of the Ordinance. So, when the matter was taken up on 7 -12 -1953, the District Munsif said -

(2.) SINCE we do not agree with Natesan J., on the scope of the order of the District Munsif, aforesaid, the question whether the attachment before judgment, which was made absolute and before the decree, would be within the purview of Order 21, does not arise; nor would arise the question of correctness of the decision in ILR (1950) Mad 39 : (AIR 1950 Mad 2).

(3.) WHEN a court stays or a statute directs that a certain proceeding is stayed, the effect is normally the status quo will be maintained and no progress in the proceeding will be made. It is apparently because of the stay, the decree -holder took no steps. In fact, the words in the District Munsif's order. 'No steps taken', would be inappropriate, because no steps at all could be taken by the decree -holder in view of the statutory stay. Therefore, those words of the Munsif could not be the basis for closing the petition. In fact, the Munsif could not do so, because the matter was stayed. When he said, 'petition closed', it was only for statistical purposes. The use of the words 'attachment to continue for two months' by the Munsif was contrary to the statutory direction and, therefore, those words have no meaning. The Munsif, in view of the statutory stay, could neither close the petition nor could grant an attachment nor could continue the attachment if it existed. The stay has the effect of paralysing the proceedings as on the date of stay and, when the stay ends, the status quo as at the stage of stay would emerge and further progress be registered. That being the effect of the statutory stay, when read in the light of such effect of the statutory stay, the order of the Munsif dated 7 -12 -1953, did not have the effect of continuing the attachment for two months or preventing at any time within that period the valid resumption of proceedings when the statutory stay came to an end. It is true that there was another attachment on 19 -10 -1955. But that was valid, as the attachment which was made absolute was still effective and could not be said to have come to an end.