BAI DIWALI Vs. GIRDHAR GOVINDRAM PATEL

JUDGEMENT

(1.) The decision of the District Court proceeds on the assumption that the doctrine of res judicata has some application to the case. But that is not so.

(2.) Section 13 of the Civil Procedure Code from its very terms cannot apply, and though that section is not exhaustive the rule on which it is founded can have no application here, because Section 20 of the Dekkhan Agriculturists Relief Act contemplates that even when a decree has been passed which does not allow of instalments, the Court shall have power to allow instalments in execution.

(3.) The order must be set aside and the case must go back for disposal by the learned Judge who must consider whether apart from the ground on which he has proceeded, the instalment should or should not be granted.