CHERUKURI SURANNA Vs. PEDAVERRI SOMANNA

JUDGEMENT

(1.) The decree in O.S. No. 7 of 1935, District Munsiff's Court, Kovvur is dated the 7 April, 1938. The third and fourth judgment-debtors, who are two of the appellants here filed an application before the Debt Conciliation Board and in that application they acknowledged the debt. The application was dismissed by the Debt Conciliation Board on 9 August, 1941, and the execution petition out of which this civil miscellaneous second appeal arises was filed on 27 July, 1943- Both the Courts below have held that the period occupied by the proceedings before the Debt Conciliation Board, namely from 1 November, 1939 until 9 August, 1941, should be excluded. It is contended before me by the appellants that these orders are wrong.

(2.) Section 27(1) of the Madras Debt Conciliation Act, 1936, says: In calculating the period of limitation for any suit filed in, or proceedings before, a civil Court for the recovery of a debt which was the subject of any proceedings under this Act the time during which such proceedings were pending as well as the time taken for the obtaining of certified copies of the order of the board shall be excluded.

(3.) Undoubtedly the execution petition filed on the 27 July, 1943 was a proceeding before a Civil Court for the recovery of a debt. Both the Courts below were right in holding that the period in question should be excluded.