P. A. KULKARNI, J. ( 1 ) THE revision is directed against the order dated Deer. 8,1977 made by the civil Judge Bellary to Ex. A. No. 6 of 1977 allowing the appeal and setting aside the order of the Trial Court. ( 2 ) THE plaintiff filed a suit at OS. No. 46/75 on the file of the Prl. Munsiff, hospet on the foot of a pronote. It was decreed on 29. 9. 1975 for Rs. 6,825 with future interest at 6% per annum also providing that if the defendant paid Rs. 5,000 on or before 1. 4. 1978, the plaintiff shall receive it in full satisfaction of the claim. But, in the meanwhile, the defendant filed an application under S. 47 CPC, read with 4 (a) of the Karnataka Debt Relief act, 1976 contending that he belonged to the weaker section of the Society and that he was thus a debtor within the meaning of the Karnataka Debt relief Act and that thus the debt stood discharged. The Munsiff held that such a petition was premature as no execution petition had been filed and accordingly he dismissed the petition. ( 3 ) THE defendant, being aggrieved fled Ex. A. No. 6/77 in the court of the civil Judge, Bellary. The Civil Judge, on reconsideration of the legal position, held that such a petition was maintainable and he, accordingly set aside the order of the Munsiff, and sent back the matter to the court below for holding an enquiry into the question as to whether the judgment debtor was a debtor or not within the meaning of the Karnataka Debt Relief Act. ( 4 ) SRI M. R. Achar learned counsel for the revision petitioner, contended that the appeal against the order of the munsiff was not at all competent as the petition had been filed by the judgment - debtor under S. 47 CPC read with S. 4 (a) of the Karnataka debt Relief Act. There appears to be considerable force in this contention. The definition of 'decree' as it stood prior to the amendment of 1976 reads:"decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final.
The definition of 'decree' as it stood prior to the amendment of 1976 reads:"decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and determination of any question within Section 47 or Section 144, but shall not include. . . "by the amendment Act 104 of 1976, the words "section 47" have been omitted from the definition of "the decree". ( 5 ) THE learned author Mulla, in his code of Civil Procedure, 14th Edn. , vol. I Page 23, says :"these controversies whether an order passed in execution proceed ings was tantamount to a decree or was only an interlocutory order arose by reason off the words "section 47" occurring in the definition of decree. The omission of these words by the Amendment Act, 1976 means that such orders even though they are made under Se. 47 are not decrees and therefore not appealable, (see md. Khan vs. State Bank of Travancore air 1978 Ker. 201 ; Mohan Das vs. Kamala Devi, AIR 1978 Raj. 127. ( 6 ) THE Munsifl disposed of the Mis petition on 15. 7,1977 when the amended code of Civil Procedure held the field. Therefore an appeal against an an order which-purports to have been made under S. 47 of the Code of Civil procedure read with S. 4 (a) of the karnataka Debt Relief Act, is not at all maintainable and competent. Therefore, the order passed by the Civil judge, Bellary merits to be set aside. ( 7 ) ACCORDINGLY, the revision is allowed and order passed by the Civil judge is set aside and the order passed by the Munsiff is affirmed. There will be no order as to costs in this revision. --- *** --- .