BRIJ GOPAL Vs. BHANWARLAL

JUDGEMENT

(1.) THIS is a revision application by the plaintiff against an order of the Civil Judge, Jodhpur, abating his suit for recovery of money on the basis of two mortgage bonds against all the defendants namely Bhanwarlal, Amritlal Chatur Bhuj, Chhaganlal and Damodar under sec. 5 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 on the ground that Chatur Bhuj defendant had made an application to the Debt Relief Court under sec. 6 of the Act which has been admitted. The application has not been contested on behalf of the defendants.

(2.) ALL the five defendants mortgaged their property in favour of the plaintiff under two registered mortgage-deeds. According to the allegations made in the plaint they constitute a joint family of which Bhanwarlal the father is the Karta. The remaining four defendants are his sons. Out of the defendants only Chatur Bhuj has filed an application under sec. 6 of the Act before the Debt Relief Court. On the application of Chatur Bhuj under sec. 5 the learned Civil Judge abated the whole of the suit. The contention on behalf of the applicant is that the suit abates only against Chatur Bhuj who has filed an application under sec. 6 but not against other defendants who have not filed any such application.