NARAYAN BISWAL Vs. ANANTA MALLIK

JUDGEMENT

(1.) DECREE -holder is the petitioner in this civil revision assailing the order of the executing Court in which it found that the execution case has abated Under Section 3 of the Orissa Debt Relief Act, 1980 (In short 'the Act').

(2.) ON the basis of a hand note dated 2 -11 -1964 executed by the opposite party, petitioner filed Money Suit No. 126 of 1971 on 1 -5 -1971 which was decreed on 18 -3 -1972 with costs. Execution Case No. 47 of 1972 was filed on 24 -7 -1972 for realisation of the decretal amount of Rs. 4,249.15 paise and costs of Rs. 808.95 paise decreed with future interest. While the execution case was, pending, opposite party filed an application for permission to pay the decretal dues by instalments as provided Under Section 13 of the Orissa Money -Lenders Act, which was allowed on 9 -1 -1973.

(3.) SECTION 3(1)(c) of the Act reads as follows :