MANGILAL Vs. REGISTERED FIRM MITTILAL-RADHEYLAL RASTOGI

JUDGEMENT

(1.) THIS is a revision preferred by the defendant-applicants against order dated 10-12-1977 passed by the Second Additional District Judge, Gwalior, passed in small Cause Suit No. 70/ 1976, whereby it has been held that the Madhya pradesh Anusuchit Janjati Rini Sahayata Adhiniyam (12 of 1967) is not applicable, because the loan sought to be recovered on the basis of a bond dated 5-5-1974 was not subsisting on the appointed date.

(2.) LEARNED counsel for the applicants Shri B. S. Saxena has raised the following contentions:- (

(3.) LEARNED counsel for the plaintiff-non-applicants Shri B. M. Agrawal supported the impugned order and contended that none of the aforesaid contentions raised by the learned counsel for the applicants has any force and that since the debt was not subsisting on the appointed date, the Act No. 12 of 1967 is not applicable. He further argued that the appointed date is 15-8-1973. The loan being advanced on 5-5-1974, the Act No. 12 of 1967 has no applicability to the suit. He placed reliance on the ratio of the case reported in ).