NARAYAN ONKARSA Vs. SARDARSINGH GULABSINGH

JUDGEMENT

(1.) THIS appeal under Order 43, Rule l (r) of the Code of Civil procedure, 1908 (for short 'the Code') is directed against the order dated 30-7-1988 passed by the IInd Addl. Judge to the District Judge, Jhabua at alirajpur in Civil Suit No. 2-A of 1988 of the Court of Civil Judge, Class I, alirajpur whereby the appellant's application for grant of temporary injunction has been dismissed.

(2.) CIRCUMSTANCES giving rise to this appeal are these : Sardarsingh bhilala, the present respondent had pledged certain silver ornaments weighing 155 Tolas with the appellant Narayan and had obtained loan of rs. 200/- from the latter. The said Narayan failed to apply under section 8 of the m. P. Anusuchit Jati Tatha Janjati Rini Sahayata Adhiniyam, 1967 (for short 'the Adhiniyam') within 60 days of the establishment of the Debt Relief Court (for short 'the Relief Court' ). On the debtor's application order for return of the ornaments to him was passed by the Relief Court on 3-12-1981.

(3.) THE ornaments were not returned by the creditor. The respondent stating this fact, filed an application in the Relief Court praying for return of the ornaments. The Court on 2-6-1987 passed an order for delivery of the property or in the alternative for payment of its value at the prevailing market rate. Revision against this order preferred before the Collector was dismissed on 27-1-1988.