VELLAIYA MOOPAN Vs. KRISHNAMMAL

JUDGEMENT

(1.) The petitioner in these two revision petitions is the defendant in O.S. 26 of 1969 and 1487 of 1971 on the file of the District Munsif of Karur. The defendant wanted reliefs under S. 3(3) of the Tamil Nadu Act 21 of 1972 and for this purpose he filed E.A.169 of 1973 in O.S. 26 of 1969 and E.A. 168 of 1973 in O.S. 1487 of 1971. These applications were considered by the learned District Munsif of Karur and they were dismissed. As against the orders of dismissal, the defendant filed appeals before the District Judge of Tiruchirapalli, invoking the aid of S. 47, C.P.C., as per the Code as it stood prior to the amendment by Act 104 of 1976. The learned District Judge opined that an order under S.3(3) of the Tamil Nadu Act 21 of 1972 is not one which relates to the discharge of a decree, and hence an appeal is not competent and the papers were returned for presentation to the proper Court. There seems to have been a move to review these orders and the defendant has not been successful in getting any favourable orders on such move.

(2.) In these two revision petitions, the question that would come up for consideration is as to whether the orders passed under S.3(3) of the Tamil Nadu Act 21 of 1972 could be the subject -matter of an appeal by invoking the provisions of S. 47, C.P.C., before the amendment, referred to above.

(3.) It would be relevant to extract S.3 (as a whole) of the Tamil Nadu Act 21 of 1972, which reads : -