HARENDRA NATH Vs. SM. DAKHYAMONI DASSI

JUDGEMENT

(1.) This application in revision is on behalf of the creditor. On an application by the creditor, an award was made by Fatepur Debt Settlement Board on 25th January 1942. In 1944, an application was filed by the debtor before the Collector of 24 Parganas for permission under Rule 91 (b) read with Section 44, Bengal Agricultural Debtors Act for review of the award which had been made in January 1942 inasmuch as more than 60 days had expired from the making of the award. On 21st July 1944, the order passed by the Collector permitting review of the previous award was received by the Debt Settlement Board. From the order sheet maintained by the Board, it appears that after the receipt of that intimation various orders were passed from time to time, sometimes directing service of notice on the creditor and sometimes on the debtor concerned. On 12th April 1946 up to which the proceedings were continuing before the Board, the latter directed the debtor to file a formal application for review under Section 44, Bengal Agricultural Debtors Act accompanied by the requisite court-fees. An application was accordingly filed on 14th June 1946. The Board however held on 8th August 1946 that there had been inordinate delay in filing the application and accordingly dismissed the prayer for review.

(2.) On an appeal being taken to the Appellate Officer, the order was set aside directing the Debt Conciliation Officer concerned to deal with the application according to law and on the merits. This order was affirmed by the District Judge under Section 40A, Bengal Agricultural Debtors Act. 3. On behalf of the creditor, it is contended that it is not competent for the Board to entertain the application for review after an award has been signed. Section 44 of the Act is in the following terms :

(3.) Clause (b) authorises the Appellate Officer in similar terms. There is a proviso that no order shall be varied or reversed unless an opportunity has been given to a person interested to appear and be heard in support of such order.