HARIHAR PATI Vs. DYETARY KHHTOI

JUDGEMENT

(1.) Both these revision applications involved identical questions of law and have, therefore, been heard analogously and are disposed of by this common judgment.

(2.) Civil Revision No. 514 of 1980 arises out of O. S. No. 83 of 1976-11 of the Court of the Munsif, Puri, for realisation of Rs. 1286/- from the opposite party- defendant advanced to him as loan. The defendant took several adjournments to file the written statement and when no written statement was filed, the learned Munsif ultimately post ed the case to 21-3-1977 for ex parte hearing and directed the plaintiff to file the required certificate under Section 18-B of the Orissa Money-Lenders Act, 1939 (for short, 'the Act'). On the adjourned date, the plaintiff did not file the certificate under Section 18-B of the Act and the learned Munsif passed an order that the suit had abated. The present petitioner thereafter filed, a petition under Section 151 of the Code of Civil Procedure (for short the Code') for restoration of the suit after obtaining the certificate under Section 18-B of the Act which was registered as Misc. Case No. 130 of 1979. The learned Munsif by his order dated 16-5-1980 has rejected the petition for restoration of the suit filed under Section 151 of the Code on the ground that the application for obtaining the certificate must have been filed after the suit had abated and no relief under Section 151 of the Code is, therefore, available in the case.

(3.) Civil Revision No. 315 of 1980 arises under similar circumstances The petitioner filed O. S. No. 326 of 1976-III before the Munsif, Puri, or realisation of Rs. 1500/- which was advanced to the defendant-opposite party as loan. On 28-3-1977 the learned Munsif observed that the service of summons on the defendant was sufficient and as he did not appear or take any steps, he was set ex parte. On the said date, the learned Munsif also observed that as the plaintiff had not filed the required certificate under Section 18-B of the Act, the suit stood abated. The plaintiff on 27-2-1979 filed an application under Section 151 of the Code which was registered as Misc Case No. 129 of 1979 praying therein for setting aside the order of abatement passed on 28-3-1977. He stated that he had in the meantime obtained the certificate and had produced the same in the court. The learned Munsif on similar ground has rejected the prayer for setting aside the order of abatement.