NATHU BAVRIYA KUMBHAR Vs. RAISINGH NAHAL

JUDGEMENT

(1.) THIS is an appeal by the decree -holder whose application in execution has been dismissed on two grounds, namely, that it was filed during the operation of the Madhya Bharat Famine (Suspension of Proceedings) Act, 1953, and the order staying the proceedings and subsequent entertainment by the Court were illegal. The second ground is that at the first instance the decree -holder had mentioned in his application the original judgment -debtor, but on the next date he brought on record the representatives.

(2.) THE relevant facts are common ground. In 1953, there was an Act in force in certain parts of the Madhya Bharat, entitled "Famine (Suspension of Proceedings) Act", Section 7 of which runs thus:

(3.) IT is common ground that the decree -holder's application for execution was filed during the prohibited period in an area in which the said Act was in force. The judgment -debtor prayed for stay, because of the operation of the Act and it was accordingly stayed and action on the application was taken after the end of the operation of the Act and took its usual course. Later on the judgment -debtor took another objection, namely, that the application having been filed during the operation of the said Act, it should be thrown out in accordance with the ruling, Mangtya v. Mangilal MLR 1934 Civil 386 which was one relating to the institution of the suits under the first Sub -section The executing Court as well as the first appellate Court felt that the same principles would be applicable to execution cases also and accordingly dismissed the application.