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1944 DIGILAW 84 (CAL)

Kalidas Chakravarty v. Kalipada Mondal Sao

1944-03-23

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JUDGMENT Henderson, J. - This appeal is by the decree-holder. He obtained his decree in the Court of the Munsif, Raghunathpur, in the District of Manbhum in the Province of Bihar. It has now been transferred to the Court of the Subordinate Judge, Bankura, for execution. The Respondents applied to a Debt Settlement Board and have included this debt in their application. The Board sent a notice under sec. 34 of the Bengal Agricultural Debtors Act. The Subordinate Judge stayed further proceedings in accordance with the terms of the notice. The Appellant then moved the Subordinate Judge by an application under sec. 47 of the CPC to set aside the stay order and proceed with the execution. That application was rejected. It is thus clear that the Court which passed the decree is in no way subject to the provisions of the Bengal Agricultural Debtors Act. There is nothing to prevent the Appellant from executing it in that Court. The question now raised is whether the Court of the Subordinate Judge is bound to stay proceedings. 2. There can be no question that the Court of the Subordinate Judge at Bankura is a Court within the terms of the definition of "Civil Court" in sec. 2 (6a). Accordingly, sec. 34 applies to the present execution proceedings. The fact that the decree was passed by a Court which is not subject to the Act is really irrelevant. This point was considered by me in the case of Sudhansu Kumar Pal v. Nur Muhammad Hazi Yakub (1), and I see no reason to modify that opinion. 3. It was also suggested that this debt is outside the scope of the Act. The Respondents reside in Bengal, and there can be no question that they are entitled to make an application to a Board. Whatever may be the meaning of the term " Civil Court" in sec. 2 (8), there can be no question that this liability is a debt within the meaning of the definition in sec. 2 (8). Furthermore, if there were any dispute about it, that would be a question to be decided by the Board. 4. The appeal is dismissed. 5. I make no order as to costs. 6. No order is necessary on the alternative application. Leave to appeal under clause 15 of the Letters Patent is granted.