YERNAGULA KAMARAJU Vs. MANDA DANDASI

JUDGEMENT

(1.) Defendants are the petitioners against an order of the Subordinate Judge, Parlakhemundi in Money Suit No.8 of 1979 refusing the prayer of the defendants to hold that the suit has abated under S.3(1)(c) of the Orissa Debt Relief Act, 1980 (Orissa Act 5 of 1981), (hereinafter referred to as 'the Act').

(2.) Defendant No.1 is the father and defendants Nos.2 and 3 are his minor sons. The suit was instituted on 2-3-1979 claiming realisation of a sum of Rs.1,772/-. The plaintiff's case, in short, is that on 9-5-1972, defendant No. 1 took a loan of Rs.500/- for himself and on behalf of his minor sons and on 10-3-1973, defendant No. 1 took a loan of Rs.800/- to meet his urgent requirements and for household expenses. In respect of both the loans, he executed a promissory note on 10-3-1973. Defendants have filed a joint written statement claiming, amongst others, that the entire amount has been paid.

(3.) While the suit was pending, the Act came into force on 13-3-1981. After the coming into force of the Act, an application was filed on behalf of the defendants on 6-11-1981, to order abatement of the suit in view of S. 3 of the Act. In the said petition, it was claimed that defendant No. 1 is a scheduled debtor and a small farmer. In another application, it was indicated to hear issue No. 4 regarding maintainability of the suit which is covered (by) the question of abatement also. By order dt. 6-11-1981, trial Court directed the issue to be heard as a preliminary issue. On 10-12-1981, both parties adduced evidence and filed documents in support of their respective claims. By the impugned order dated 18-1-1982, trial Court held that defendant No. 1 is the owner of more than one standard acre of land and the suit would not abate under S.3.