MAHENDRA KUMAR PATNAIK Vs. NILARNANI PRADHAN

JUDGEMENT

(1.) THE Plaintiff of Money Suit No. 241 of 1976 who lodged a claim for recovery of Rs. 1400/ - based on a promissory note dated 11 -2 -1973 is the Petitioner challenging an order directing abatement of his suit for non -compliance of the provision of Section 18 -B of the Orissa Money Lenders Act (hereinafter referred to as the 'Act'). The suit was filed on 10 -8 -1976, some time after the amendment came into the Statute. The trial Court granted specific adjournments to the Plaintiff to comply with the mandate of Section 18 -B of the Act. After two such adjournments, the suit stood posted to 4 -4 -1977 when the following order was made:

(2.) AN application was made for revival of the suit by filing it on 1 -5 -1978, i.e. about 13 months after the order of abatement. The certificate is dated 30 -3 -1978. No explanation has been furnished as to why for more than a month after thee certificate had been obtained steps for revival were not taken. The trial Court rejected the application holding that the same did not lie.