GOPAL KHANDU WANI Vs. VASTA RAMSING FASEPARDHI

JUDGEMENT

(1.) The above Second Appeal is directed against the order of the learned Assistant Judge, Dhulia, dated June 11, 1976 by which the learned Assistant Judge refused to interfere with the order passed by the learned Civil Judge, Senior Division, Dhulia, on September 30, 1972, in Regular Darkhast No. 46 of 1972, filed by the decree-holder for recovery of Rs. 3,018,73, under the decree passed on January 26, 1971, in Regular Civil Suit No- 348 of 1969.

(2.) The only point which was raised by the judgment-debtor was that his liability in respect of the decretal debt was extinguished under the provisions of the Maharashtra Debt Relief Act 1975 and the Maharashtra Debt Relief Rules 1975, with effect from August 22, 1975 and the decree was, therefore, in-executable.

(3.) The point was not raised before the learned Civil Judge, Senior Division; but was raised for the first time in appeal, which appears to have been filed and entertained in the year 1978. The learned Assistant Judge came to the conclusion that the Debt Relief Act did not apply as it was a decree in respect of the claim arising out of a contract which was a transaction not connected with the money-lending within the meaning of clause (g) of Section 22; and hence the objection raised by the judgment-debtor was not tenable. He therefore dismissed the appeal. The said decision is challenged in the above Second Appeal by the judgment-debtor.