BELA GHOSH Vs. ASHITENDRA NATH MITTER

JUDGEMENT

(1.) This Revisional Application is at the instance of the Judgement - debtors and is directed against the order dated 8th April, 1985 passed by the learned sub-ordinate Judge, 3rd Court, Alipore dismissing their application for re-opening the transaction between them and the decree-holder opposite party since February, 1959 under sections 36, 37A and 38 of the Bengal Money Lenders Act, 1940 as amended by the West Bengal Acts XXI/65, XXX/1975 and IV/81 and for re-opening the decree passed in Title Suit No.34 of 1970 which is pending execution in Title Execution Case No.30 of 1982 of the said 3rd Court of this Subordinate Judge, Alipore.

(2.) On or about 18th of February, 1959, Sailaja Bhusan Ghosh the petitioner No.2 herein, had drawn and executed two hundies for Rs.20000/- and Rs.10000/- respectively in favour of the opposite party, Ashitendra Nath Mitter. The two petitioners have also deposited with the opposite party the documents of title relating to Premises No.13/4, Hazra Lane, now known as 18 Motilal Nehru Road, by way of Security for re-payment of the said of loans Rs.20000/- and Rs.10000/- respectively and had re-executed confirmatory memorandum.

(3.) The Opposite Party, Ashitendra Nath Mitter as plaintiff has filed suit Nos.573 and 626 of 1960 in the Ordinary Original Civil Jurisdiction of this court against the petitioner and the same were decreed with costs. The petitioners had preferred appeals against the said judgment and decrees but the same were dismissed with costs on 28th February, 1963. On the prayer of the opposite party, the decree for costs passed in the aforesaid two suits were transferred to the Third Court of the learned Subordinate Judge, Alipore and the same were registered as Money Execution Case Nos.14 and 15 of 1966. Portions of decretal costs were realized but execution cases for the rest were not continued.