GOPALDAS BRIJKISHORE Vs. B RAM GOPAL PODDAR

JUDGEMENT

(1.) THIS revision application has been filed against the order passed by the Munsif, Deeg dated August 16, 1977 refusing to abate the proceedings in execution on account of the provisions of sec. 5 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957.

(2.) A decree passed in favour of M/s. B. Ramgopal Poddar against the judgment debtors M/s. Gopal Das Brij Kishore by the Sub-Judge, 1st Class, Delhi on May 22, 1974, was transferred for execution to the court of Munsif, Deeg. The Judgment-debtors submitted an application on May 28, 1977 in M/s Gopaldas Brijkishore vs. B. Ram Gopal Poddar (Dwarka Prasad J.) RLW 1979 the executing court stating that their application under sec. 6 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 (hereinafter referred to as "the Act") has been admitted by the Debt Relief Court, Deeg, and was pending before that court and as such the execution proceedings should be abated under sec. 5 (l) (i) of the Act. An objection was raised on behalf of the decree-holder that the decree was transferred from the court of Sub-Judge, 1st Class, Delhi and the provisions of the Rajasthan Relief of Agricultural Indebtedness Act are not applicable to such a decree. Section 5 (1) of the Act runs as under : - "5 (1 ). Whenever a suit or an insolvency petition against a debtor or shall have been brought or made and pending in a competent court and such debtor or the person who brought or made such suit or petition applies to such court in this behalf, the court shall - (i) abate such suit or petition if it is satisfied on affidavit or otherwise that an application to the Debt Relief Court under sec. 6 or section 6-A has been made and admitted and is pending; or (ii) stay proceedings in such suit or application if it is satisfied as aforesaid that the defendant or the opposite party, as the case may be, is a debtor within the meaning of the Act : Provided that, in the case of an application for stay under clause (ii) the court shall fix a period, not exceeding ninety days within which the application to the Debt Relief Court shall be made. "

(3.) ACCORDINGLY, the revision application is allowed, the order passed by the learned Munsif, Deeg dated August 16, 1977 is set aside and the case is remanded to the said court with a direction that he should decide the application of the judgment-debtor filed under sec. 5 (1) of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 afresh, in accordance with law and in the light of the observations made above.