BAURIBANDHU PATRA Vs. BISWANATH BEHERA

JUDGEMENT

(1.) These revisions are directed against orders passed by the learned Munsif, Daspall, dismissing execution applications filed by the petitioner holding that the decrees were no longer executable in view of Section 18 (7) of the Orissa Money Lenders (Amendment) Ordinance, 1975 (hereafter referred to as Subsection (8) of Section 18-B of the Orissa Money Lenders Act, 1939.

(2.) It is unnecessary to narrate the facts of each of the revisions for appreciation of the questions involved. Suffice to narrate the facts of Civil Revision No. 436 of 1980.

(3.) The petitioner obtained a money decree in Money Suit No. 8 of 1974-III for realisation of an amount advanced by him as loan to the opposite party. He executed the decree in execution case No. 7 of 1978, The opposite parties moved an application under Section 13 of the Orissa Money Lenders Act, 1939, (for short, 'the Act') seeking a direction for payment of the amount under execution by instalments. The executing Court granted the prayer by order dated 18-12-1978 directing the opposite parties to clear up the decretal dues by instalments of Rs. 100/- per month. When there was default in payment of instalments, steps were taken for attachment of the judgment, debtors' property. On 11-5-1979 they filed two receipts in Court showing payment of Rs. 500/- towards the instalments due. They further paid Rs. 200/- on 18-6-1979 and 10-7-1979; but again defaulted. When further steps were being taken, the learned Munsif suo motu raised an objection on 10-4-1980 to the maintainability of the execution petition after the incorporation of Section 18-B by Orissa Act 54 of 1975 (The Orissa Money Lenders (Amendment) Act, 1975) and by order dated 15-4-1980 dismissed the execution petition holding that the decree was no more executable in view of Sub-section (8) of Section 18-B of the Act.