NOORE KHAN Vs. BADRI NARAYAN

JUDGEMENT

(1.) THIS is a revision by debtor -petitioner Noorekhan against the order of the learned Civil Judge, Jodhpur dated May 23, 1974 passed in Civil Misc. Case No. 1 of 1972.

(2.) THE facts leading to this revision may briefly be stated. The non -petitioner -plaintiff instituted a suit for the recovery of Rs. 4,300/ - against the petitioner (defendant -debtor) in the Court of Civil judge, Jodhpur on July 29, 1973. This amount consisted of Rs. 2500/ - as principal and Rs. 1800/ - as interest. The suit was registered as civil original suit No. 422 of 1963 On July 9, 1964, the petitioner filed a written statement. Issues were framed on February 5, 1964. On April 7, 1964, the learned Judge passed the following order: The plaintiff concedes to the suspension of proceedings. So stayed up to 30th September 1964. Put upon October 1. 1964. On October 1, 1964, the case was ordered to be put up for the evidence of the plaintiff on November 12, 1964. It appears that on March 11, 1965, learned Counsel for the plaintiff moved an application under Section 5(2) of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 (for short, the Act). The learned Civil Judge directed the supply of copy of the application and the case was ordered to be put up for reply and arguments on March 29, 1965. On April 12, 1965, the learned Civil Judge recorded that the counsel for the plaintiff has made an application Under Section 6 of the Act which has been admitted and the defendant has admitted himself to be an agriculturist and in these circumstances, he abated the suit.

(3.) ON December 21, 1971, an application was moved on behalf of the creditor that his application under Section 6 of the Act has been dismissed vide Debt Relief Case No. 13 of 1965 and therefore, his suit may be restored under Section 151, CPC. This application was registered by the learned Civil Judge as Civil Misc. Case No 1 of 1972. The debtor contested this application by filing a reply on August 7, 1972 on the grated that the application of the plaintiff' creditor was dismissed on the ground that his claim was barred bi time and as this was an order on merits the suit carrot be revived. The learned Civil Judge, by his order dated May 23, 1974 accepted the application of the plaintiff creditor and ordered revival of Civil Original Suit No. 422 of 1963. Being dissatisfied with the order of revival, the petitioner (debtor) has come up in revision before me.