GYANCHAND CHHAGANLAL Vs. MANGILAL HIRA

JUDGEMENT

(1.) THIS appeal arises out of an execution case. In a suit instituted in the year 1944, a decree was passed in favour of the Appellant on September 30, 1948. Application for execution was made in the Court of Civil Judge Second Class, Dharampuri (District Dhar). Notice of the execution (Execution Case No. 59 of 1949) was served on July 12, 1949. The judgment -debtor did not appear and his agricultural land was attached. Thereafter, the decree was transferred to the Revenue Authorities for putting the attached land to sale.

(2.) ON March 11, 1955, the judgment -debtor, made an application to the executing Court at Dharampuri raising amongst others, the objection that no amount was recoverable from him by virtue of the Madhya Bharat Moneylenders Act, 1950. The executing Court held that the objections were barred on the principle of constructive res judicata. On appeal by the judgment -debtor, the learned Appellate Court held that the principle of constructive res judicata could not apply inasmuch as the Moneylenders Act came into force on September 1, 1950 and the notice of execution was served on the judgment -debtor on July 12, 1949. Then, examining the question of law, whether the said Moneylenders Act was applicable to the present case or not, the appellate Court answered it in the affirmative and remanded the case to the executing Court to decide all the objections of the judgment -debtor on merits.

(3.) I have given the relevant dates at the outset from which it is clear that the decree was passed in 1948 before the commencement of the Moneylenders Act. Now, Section 14 of that Act runs thus: