A ANNAMALAI Vs. SARASWATHI AMMAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal arises out of certain execution proceedings. It raises a point of construction of Section 15(1) of Tamil Nadu Act XXXVIII of 1972. This enactment was avowedly passed to provide for the relief of certain indebted persons in the State. Briefly stated, the Act confers a right on certain debtors, and in certain conditions, to apply to the Court for scaling down their debts under Section 15. There is a time-limit provide for under this section. The time-limit is six months from the date of publication of the Act. It may be observed that the Act was published in the Gazette on 15th December, 1972. Section 15 contains two sub-sections. Sub-section (1) deals with a case where a decree has been passed before the publication of the Act in the Official Gazette. Sub-section (2), on the other hand, deals with a case where in a respect of a debt payable on the date of the publication of the Act in the Official Gazette, a decree has been passed subsequent to the date of the said publication.

(2.) The appellants before me, who are the judgment-debtors, filed an application under Section 15(1) of the Act and asked for relief. The decree against them was passed on 15th February, 1965, prior to the publication of the Act in the Official Gazette.

(3.) The learned Subordinate Judge, however, dismissed the judgment-debtor's application as time-barred. He did so because the application was filed only on 25th April, 1974, which was beyond six months from the date of publication of the Act. Incidentally, the judgment-debtors also filed a separate application for excusing the delay in moving the Court under Section 15(1) of the Act, but this application was also dismissed by the learned Subordinate Judge.