MANKUWAR BAI Vs. UDAIRAM

JUDGEMENT

(1.) THIS is a reference by the Civil Judge Class II, Gariaband under Section 113 of the, Code of Civil Procedure.

(2.) MST. Mankuwar Bai obtained a decree for Rs. 960/- against Udairam on 1612-1972 in the Court of Civil Judge, Class II, Gariaband. It was not disputed before me that Udairam belongs to Scheduled Caste and as such his case is governed by the provisions of Madhya Bradesh Anusuchit Jati Tatha Anusuchit janjati Rini Sahayata Adhiniyam, 1967 (hereinafter referred to as 'the Act' ).

(3.) FROM the facts stated in the reference it would appear that the decree-holder had filed an application for execution of the decree on 4-1-1973. It appears that the execution could not proceed till December, 1973 in view of a notification issued by the State Government under Section 61 of the Code of Civil procedure. After the proceedings were resumed the judgment-debtor filed an application praying that the case be transferred to Debt Relief Court for decision as the trial Judge entertained a doubt as to the proper action to be taken in the case, he has referred this case to the High Court for opinion.