SUKCHANDSA Vs. RAMSINGH

JUDGEMENT

(1.) THIS is a petition for review of the judgment of this Court in Civil Second Appeal No. 448 of 1949, whereby an appeal preferred by Ram Singh was accepted and the Applicant -decree -holder's application for execution for the recovery of the amount of defaulted instalments payable under an agreement registered as required by S. 14(2), Indore Debt Conciliation Act of 1939 was rejected.

(2.) THE petitioner now seeks a review of the decision on the ground that the appeal was referred to for disposal by a Division Bench by an order of a reference made by Shinde J., (as he then was) and that the learned Judge who disposed of the appeal did not notice the view recorded by Shinde J., in his order of reference and further that the Division Bench also did not take into consideration the decision of Sanghi J., in - - 'Hira Lal Kishanji v. Chhitar Amichand',, AIR 1951 MP 75 (C), on the construction of S. 16, Debt Conciliation Act.

(3.) IN the result as the petition for review does not come within the terms of O. 47 R. 1, it must be and is dismissed. As none appeared for the non -applicant, there will be no order as to costs.