NIRANJAN PANIGRAHI Vs. PRATAP NAIK

JUDGEMENT

(1.) THIS is a decree -holder's application against the order dated 4 -8 -1978 of the Subordinate Judge at Baripada passed in M.J.C. No. 120 of 1977 as executing Court, upholding the objection of the judgment -debtor that the decree is not executable.

(2.) THE facts leading to the institution of M.J.C. No. 120 of 1977 are herein briefly stated. The Petitioner advanced paddy loan to the opposite party's father, late Iswar Naik, on 30.4.1970. On 28 -2 -1974 the Petitioner filed Money Suit No. 23 of 1974 against late Iswar Naik for realisation of his loan in civil Court. Judgment was passed on 26 -2 -1975 decreeing the suit for a sum of Rs. 1,929.71 and subsequently a decree was drawn up on 7 -3 -1975. Thereafter, the Petitioner levied execution of the decree in Execution Case No. 7 of 1977 in the Court of the Sub -Judge, Baripada. The original judgment -debtor having died the present opposite party was substituted and he filed an objection under Section 47, Code of Civil Procedure challenging the excitability of the decree this objection under Section 47 was registered as M.J.C. No. 120 of 1977.

(3.) THE sale question for determination, therefore, is as to whether the Regulation 1 will apply only to all debts owed by a member of Scheduled Tribes as outstanding on the appointed date or to all debts to be incurred by him thereafter.