JYOTIRINDRA NARAYAN SINGH CHOWDHURY Vs. PURNA CHANDRA SAHA

JUDGEMENT

(1.) This is a second miscellaneous appeal against an order of the learned District Judge, Assam Valley Districts, dated 5th Aug. 1944, by which he modified the order of the executing Court, the Court of the Subordinate Judge, Goalpara, dated 15th May 1944. The order of the executing Court is in these terms:

(2.) The learned District Judge framed the following points for his determination:

(3.) The learned District Judge came to the Conclusion that while it is true that the Assam Money-lenders Act, as amended by Assam Act 6 of 1943, did not apply to execution proceedings but as it applies to ppeals, and this being an appeal before him, he thought the judgment-debtors were entitled to relief under the provisions of Sec. 9 of Act 6 of 1943, and in this view, he modified the order of the executing Court.