BENIMADHO PD SINGH Vs. HEMCHANDRA MITTER

JUDGEMENT

(1.) This is an appeal against the order of the learned Subordinate Judge refusing to fix, under Section 15, Money-Lenders Act, instalments of a final mortgage decree for sale. Among the grounds given by the learned Subordinate Judge, one is that in his opinion perhaps that Section is void on account of its repugnancy to Order 20, Rule 11(2), Civil P.C. We have no doubt that that Section is void, if not on account of its repugnancy to Order 20, Rule 11(2), on account of its repugnancy to the provisions of Order 34. A Full Bench of this Court of which one of us was a member and another Division Bench of which another of us was a member have held that the provisions of a provincial law which are repugnant to any existing Indian law relating to matters enumerated in List III of Schedule 7, Government of India Act, are void to the extent of that repugnancy.

(2.) We are clearly of opinion that Section 15, Money-Lenders Act is repugnant for that reason. So far as this Court is concerned, the decision of the Division Bench and that of the Full Bench are binding upon us. The appeal is accordingly dismissed.

(3.) We certify that this case involves a substantial question of law as to the interpretation of the Government of India Act and we grant a certificate in the terms of Section 205 of the Act.