MYLAVARAM ADISUBBAYYA Vs. PANCHANGAM SUBBA SASTRY

JUDGEMENT

(1.) THE petitioner obtained an assignment of the decree in O.S. No. 607 of 1933 of the District Munsiff's Court of Penukonda and applied in E.P. No. 83 of 1943 for the execution of the decree against the respondent. The respondent had filed an application before the Debt Conciliation Board under Section 4 of the Act for the settlement of his debts and in the application had mentioned this decree debt. The decree -holder in this case had filed a counter therein in which he furnished the necessary particulars relating to his decree debt. The Debt Conciliation Board passed an order on 13th August, 1940, Ex. D -2, in which they concluded that they were compelled to take action against this creditor inter alia under Section 10(2) of the Act according to which section they said, the debts due to him by the debtor shall be deemed to have been discharged for all purposes and for all occasions. Subsequently on 5th February, 1943, the execution petition out of which this petition arises was filed and it was opposed by the judgment -debtor on the ground that by reason of the aforementioned order of the Debt Conciliation Board the decree debt stood discharged and hence there was no debt in respect of which execution could be levied. The learned District Munsiff disallowed the objection and allowed execution to proceed. He held that the order of the Board was ultra vires of its powers and that it was not necessary that it should be set aside before execution could be proceeded with. On appeal the learned Subordinate

(2.) JUDGE agreed with the first Court that the order of the Board was erroneous but was of the opinion that it was not ultra vires of its powers and that consequently the Civil Court had no jurisdiction to vacate, cancel or ignore the order of the Board. The present application is to revise the said order of the Subordinate Judge.

(3.) IN pursuance of the notice issued under that provision the decree -holder appeared and filed the counter in which all necessary particulars about the decree debt were -furnished. Section 10(1) refers to the issue of a further notice after the examination of the debtor calling upon the creditor to submit a statement of debts within two months from the date of service or publication of the notice. Sub -section (2) of Section 10 as it then stood before its amendment by Madras Act IX of 1943, provided: