MONORANJAN DAS & ORS. Vs. LAL MAHAMMAD KHAN

JUDGEMENT

(1.) This Rule is directed against an order dated April 6, 1976, passed by Sri B.K. Samanta, Munsif, First Court, Midnapore, in Money Suit No. 79 of 1974 dismissing the Defendants-Petitioners' application for stay of the suit under Sec. 3 of the West Bengal Rural Indebtedness Relief Act, 1975 (hereinafter 'the Act').

(2.) The Plaintiff opposite party filed the aforesaid suit against the Petitioners for recovery of a sum of Rs. 4,309 which has been taken on loan on the basis of two promissory notes. The suit was initially decreed ex parte, but on an application filed by the Petitioner under Order 9, Rule 13 of the Code of Civil Procedure the suit was restored. Thereafter, the Petitioners filed an application under Sec. 3 of the Act for stay of the suit for a period of two years as, according to the Petitioners, all suits relating to the recovery of any debt pending before a civil Court have to be stayed for that period if filed after the coming into force of the Act.

(3.) Mr. Tarak Nath Roy, appearing on behalf of the Petitioners, has argued that although the Petitioners may not be 'debtors' within the meaning of Sec. 2 of the Act, but nevertheless under Sec. 3(ii) of the Act it was incumbent on the part of the learned Munsif to stay the suit, as all suits in relation to the recovery of a debt have to be stayed for a period of two years. Mr. Sahu, learned Advocate appearing on behalf of the Plaintiff opposite party, has contended that unless the Defendants are 'debtors' within the meaning of Sec. 2(d) of the Act, the Money Suit cannot be stayed.