VADDI VENKAT REDDY Vs. M CHINNA NARAYANA

JUDGEMENT

(1.) This is a reference under S. 113 of the Civil P. C. The District Munsif, Kollapur was of the view that there is a conflict between the period limitation prescribed by Art. 126 of the Limitation Act and S. 12 of the Money Lenders Act No. V of 1349 - F., and therefore made a reference to this Court for resolving the conflict.

(2.) The relevant facts are these : The judgement debtor filed an application under S. 12 of the Money Leanders Act seeking payment of the decretal amount in instalments The decree against him was passed in O. S. 8 of 1974 on the file of the District Munsiff, Kollapur on 14-7-1975 and the application I. A. 2 of 1976 was made by him on 19-1-1976. On notice to the decree holder, the decree holder raised on the objection that in view of the period of limitation prescribed by Art. 126 of the Limitation Act, the application of the judgement debtor was not maintainable. The District Munsiff though made the reference to this Court had, however, expressed his opinion that S. 12 of the Money Leaders Act being a special local law applicable to the Telenganga area., is the provision that is applicable Art. 126 of the Limitation Act prescribes for the payment of amount of the decree by instalments, thirty days period of limitation from the date of the decree is prescribed for making an application. The application for payment by instalments was not filed by the judgement debtor in this case within the period of limitation prescribed relying upon S. 12 of the Money Lenders Act which to the extent relevant provides:-

(3.) Reference answered accordingly.