JOY CHAND LAL BABU Vs. KAMALAKSHA CHAUDHURY

JUDGEMENT

(1.) This is an appeal from an order of the High Court of Judicature at Fort William in Bengal passed in its civil revisional jurisdiction dated 13 August 1943, which set aside an order of the Subordinate Judge of Burdwan dated 18 July 1942, rejecting the petition of respondents 1 to 10 under Ss. 30 and 36 (6) (a) (ii), Bengal Money-lenders Act, 1940 (Act x

(10.) of 1940) (hereinafter referred to as "the Act"), for re-opening a mortgage decree dated 9 October 1931, passed against the respondents in mortgage Suit No. 198 of 1930.

(2.) The questions argued upon this appeal were first, a preliminary objection taken by the respondents that this appeal is incompetent; secondly, a preliminary objection taken by the appellant that the revision application to the High Court from which this appeal is brought was incompetent. Apart from these preliminary objections the only two matters urged against the order of the High Court, appealed from were first, that the loan to which the application of the respondents related was a "commercial loan" to which the Act did not apply; and secondly, that the suit in which the application of the respondents was made was not a "suit to which this Act applies" as defined by the Act, and consequently that the respondents were not entitled to any relief under the Act.