RADADEVI S RATHI Vs. SHANKAR PANDURANG FALLE

JUDGEMENT

(1.) Mrs. Radhadevi Rathi, the decree-holder, has filed this applications against an order passed by both the courts to the effect that the debt of respondent Shankar Falle under the decree dated August 25, 1975, stood discharged in view of the provisions of the Maharashtra Debt Relief Act 1975 (Maharashtra Act No. III of 1976) hereinafter referred to as the Act.

(2.) In regular Civil Suit No. 81 of 1974, filed by plaintiff Mrs. Radhadevi Rathi against respondent Shankar Falle, she obtained a decree of August 25, 1975. The decree was to the following effect :

(3.) Mr. Hombalkar, on behalf of the decree- holder, submitted that both the courts were in error in taking the view that the debt due to his client stood discharged in view of the provisions of the Act. He submitted that on behalf of the judgment-debtor, Shankar Falle, reliance was sought to be placed upon a certificate issued by the Tahsildar, Walva, dated October 3, 1975. His contention was that this certificate was issued by the Tahsildar ex parte without any notice to Mrs. Radhadevi Rathi or without giving her any opportunity to show cause why judgment-debtor Shankar Falle should not be declared to be a debtor within the meaning of section 2(f) of the Act.