ASHUTOSH PATRA Vs. SUNDAR SINGH

JUDGEMENT

(1.) This application involves the construction of sub-sectionof section 29 and clause (iii) of section 35 of the Bengal Agricultural Debtors Act.

(2.) The application is for setting aside an order dismissing the petitioner's objection under section 47 of the Code of Civil Procedure to certain execution proceedings.

(3.) The petitioner made an application to the Debt Settlement Board for settlement of a debt which he had contracted. In due course an award was made. The opposite party, however, failed to take steps under the Act to recover the installments provided under the award. Thereafter, the opposite party instituted a suit to recover the arrears of installments and in due course obtained a decree which provided that it should not be executed until all the amounts payable under the Award had been paid, or the award had ceased to subsist under on 29(5) of the Bengal Agricultural Debtors Act, The decree-hold-having initiated execution proceeding in respect, of that decree, the petitioner filed his objection under section 470f the code of Civil Procedure, which was rejected by the learned First subordinate Judge at Alipore. The petitioner's appeal from that order was dismissed by the learned District Judge.