KANAILAL KUNDU Vs. BAIDYANATH GHOSE

JUDGEMENT

(1.) This is a creditor's appeal against an order directing that debtor's applicant under Section 34(1) (b) (ii) be heard on merits. The proceedings arose in Chandernagore.

(2.) Question in this appeal is whether an application under Section 34 of the Bengal Money Lenders Art, 1940, could be made for granting instalments for repayment of the loan at the stage of execution proceeding in respect of notary mortgage bond of which grosses copy had been 'granted on the 29th September, 1951. The learned Subordinate Judge before whom the application was made held that the application could not be entertained under Section 34 because in his view the grosses copy must be deemed to have the force of a Final Decree and the execution proceeding was not in respect of any decree other than a mortgage decree.

(3.) On appeal the learned District Judge held that the application for granting instalments could be made under Clause (b) of Sub-section (1) of Section 34. Against this decision the creditor has appealed to this Court.