CHULURAM Vs. BHAGATRAM

JUDGEMENT

(1.) The appellant obtained a money decree against the respondent on 30th September which the respondent filed an objection claiming protection under the Madhya Pradesh Gramin Rin Vimukti Tatha Rin Sthagun Adhiniyam, 1975. This objection was filed on 25th November 1976. The objection was upheld by the executing Court by order dated 8th April 1977 and the execution application was dismissed. The appellant filed an appeal against this order before the Additional District Judge, Bilaspur, who by order dated 21st January 1978, dismissed it on the ground that it was not maintainable under the Code of Civil Procedure as amended by Act 104 of 1976. The appellant then filed this second appeal and relied upon a single Bench decision in Ratanlal v. Hanuman Singh S. A. No. 54 of 1978, D/- 6-4-1978 in support of the maintainability of his appeal against the order dismissing his application for execution. The appeal first came up for hearing before a learned single Judge, who was inclined to take a view different from that taken in Ratanlal's case and he, therefore, referred the appeal to a larger Bench. This is how the appeal has come up for hearing before us.

(2.) The Amending Act 104 of 1976, which came into force on 1st February 1977, drastically amended the Code of Civil Procedure. Section 3 of this Act amended Section 2 (2) of the Code of Civil Procedure and omitted the words and figure "Section 47 or" from it. The result of this omission is that the determination of any question within Section 47 of the Code does not now amount to a decree. The object behind this amendment, as stated in the objects and reasons, is as follows:

(3.) The next important section for our purpose is Section 97 of the Amending Act which in so far as relevant, reads as follows;