NANJAPPA CHETTY Vs. MANIKKAM CHETTY

JUDGEMENT

(1.) The revision petition is filed against the order in C.M.A. No. 46 of 1978 on the file of the Subordinate Judge's Court, Krishnagiri C.M.A. No. 46 of 1978 was filed against an order in unnumbered application in R.E.P. 19 of 1978 in O.S. No. 1225 of 1972 on the file of the District Munsif of Krishna giri. It was claimed by the debtor that he is entitled to the benefits under Sec. 15 of Tamil Nadu Ordinance 5 of 1978 for scaling down the decree debt. The District Munsif held that since the debt has already been scaled down under Act IV of 1938 in I. A. No. 99 of 1975, the judgment -debtor -cannot again seek for scaling down of the debt in view of the proviso to Sec. 6 of Ordinance 5 of 1978. The said Ordinance has been subsequently replaced by Tamil Nadu Act XL of 1978 which has also been repealed and as on date. Tamil Nadu Act XL of 1979 is in force. The lower appellate Court also held that when the debt had been already scaled down under Act IV of 1938, in view of the specific provision made under Sec. 6 of Act XL of 1978 no further scaling down is available.

(2.) Sec. 7 of Act XL of 1979 is similar to Sec. 6 of Act XL of 1978 and therefore, Mr. Gandhi, counsel for the petitioner contends that inspite of Act XL of 1979 coming into force, the situation remains the same.

(3.) Mr. Gandhi, counsel for the petitioner claims that proviso to Sec. 7 cannot prevent the petitioner from having relief under Act XL of 1979 by virtue of the saving provision found in Sec. 29(2) of the said Act, wherein it has been provided as follows: