HANSOO Vs. SUWALAL

JUDGEMENT

(1.) This is a defendant's revision in a money suit. The plaintiff suwalal Mahajan, resident of Nathdiyas brought a suit against the defendant Hausoo for the recovery of Rs. 1280/- in the Court of the Munsif, Gangapur. The suit is being contested by the defendant. During the pendency of the suit, on 24-7-1958 the defendant, claiming to be an agriculturist, put an application under Section 5 of the Rajasthan Relief of Agricultural Indebtedness Act No. 28 of 1957 (hereinafter referred to the Act) for staying proceedings and to enable him to file an application under Section 6 of the Act before a Debt Relief Court. The petition was opposed by the plaintiff. The Munsif held that the defendant was an agriculturist but he refused to stay suit on the ground that the Act cannot have retrospective effect and that the petitioner's case will have to be determined in accordance with the Mewar Agriculturist Relief Act, 1942. The petition was, therefore, held to be incompetent and was dismissed by him.

(2.) The defendant has come in revision. The revision was originally heard in the involved and as there was no decision of this Court on the point, the matter was referred to a Division Bench.

(3.) We have heard Mr. J.S. Chordia for the petitioner and Mr. S.L. Mardia on behalf of the respondent. The Munsif relied upon Section 24 of the Act, which reads as follows:- Section 24