BHRAMARBAR BHOI Vs. SRIDHAR PRASAD SAMANTRAY

JUDGEMENT

(1.) THE short question that arises for consideration in this revision petition relates to correctness of the order passed by the Munsif Kendrapara, holding that the liability of the opposite party under the decree in Execution Case No. 12 of 1981 is to be taken to have been wiped out under the provisions of the Orissa Debt Relief Act, 1980 (for short the ''Act '').

(2.) THE gist of the facts relevant for the present purpose is that the Petitioner filed the suit against the opposite party for realisation of the mortgaged dues of Rs. 602/ - with interest, cost etc.. The suit was decreed by the Court and the said decree is under execution in the Execution Case noticed above. In the said case the opposite party filed an application on 11th May, 1984 praying for an order dismissing the execution case in view of the provisions under Section 3 of the Act. It was asserted in the application that the applicant was a small farmer holding agricultural land of Ac. 0.87 dec. and further that agriculture was his principal source of income. The Petitioner in his objection to the said application merely challenged maintainability of the application on the ground that an application filed earlier by the judgment -debtor had been dismissed by the Court. He did not refute the aforesaid assertion of the opposite party in his application. The executing Court by the impugned order accepted the application filed by the judgment -debtor and exempted him from payment of the decretal dues covered under the execution petition.

(3.) SECTION 2 (e) of [he Act defines 'debt ' to mean ''all liabilities to money -lender in cash of kind, secured or unsecured, payable under a decree or order or a Civil Court or otherwise including any transaction which is in substance a debt and subsisting on the date of the commencement of this Act whether due or not due;