RATAN CHAND Vs. ANTHUDAN

JUDGEMENT

(1.) THESE two appeals against the orders dated 21st October, 1961 and 24th November 1961, arise out of the same execution proceedings which by the first order were stayed and by the second ordered to have abated by the Senior Civil Judge, Jalore under sec. 5 (l) (i) and sec. 6 (6) (ii) of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 (hereinafter called the Act ). The second order regarding abatement of execution proceedings had to be passed because the amendment brought about in sec. 5 of the Act was not brought to the notice of the court when order of stay was passed on 21-10 1961.

(2.) THE appellants who had obtained a decree for sale of the mortgaged property of the respondents including Nathudan applied for its execution and notice was issued to the judgment debtors under O. 21 r. 66 of the Code of Civil Procedure and in response to it, Nathudan judgment debtor submitted an application that he had already made an application in the Debt Relief Court in accordance with sec. 6 of the Act in which, the amount of the decree under execution, has been entered in the schedule of debts, and, therefore, the execution proceedings may be stayed. THE learned Senior Civil Judge after hearing the parties ordered the stay of the execution proceeding and later on passed the order of abatement.