RAMAVTAR Vs. POP SING MAHADEB PRASAD

JUDGEMENT

(1.) THIS is an appeal by leave from the judgment of Hon'ble Mr. Justice G.K. Misra (as he then was) in Miscellaneous Appeal No. 71 of 1961.

(2.) THE facts of the case, in short, are as follows: A decree was passed by the Calcutta High Court in the Original Side for Rs. 16,765-69 nP. Inclusive of interest at 6 per cent. When the said decree on transfer was pending in execution in the court of the Subordinate Judge of Balasore, the judgment-debtor prayed for instalments under Section 13 of the Orissa Money-Lenders Act (hereinafter referred to as the Orissa Act) on which Misc. Case No. 72 of 1960 was started. THE said Misc. case having been dismissed on 8-7-1961 the judgment-debtor preferred Misc. Appeal No. 71 of 1961 in this court which was heard and dismissed by a Single Bench of this court and hence this appeal.