Research › Browse › Judgment

Madras High Court · body

1985 DIGILAW 331 (MAD)

Ramalinga Reddiar v. Arunagiri Naicker

1985-08-02

S.A.KADER

body1985
Judgment :- 1. The revision is against the order of the learned District Munsif, Tiruvannamalai, in R.E.P. No. 437 of 1983 in M.O.S. No. 827 of 1981, dismissing the petition of the defendant/revision petitioner claiming the benefits of Act 50 of 1982. 2. The respondent obtained a decree against the revision petitioner in O.S. No. 827 of 1981 on 4th December, 1982 and in execution of the said decree he filed R.E.P. No. 437 of 1983. The judgement debtor filed a counter claiming the benefit of Act 50 of 1982. The learned District Munsif overruled the objection claim on the simple ground that the claim was after 4th December, 1982, and the Act did not apply. Hence, this revision. 3. Section 4(1)(a) of Act 50 of 1982 lays down that every debt advanced or incurred before the 24th August, 1982, including interest, if any, and payable by the debtor to the creditor shall be deemed to be wholly discharged. The debt in the instant case was incurred before 24th August, 1982, for, the suit itself was filed in 1981. Further, clause (c), S. 4(1) reads as follows:— “all suits and other proceedings (including appeals, revisions, attachments, or execution proceedings) pending on the 24th August, 1982, against any debtor for the recovery of any such debt (including interest, if any) shall abate.” The decree in the instant case has been passed on 4th December, 1982, but the suit has been instituted in 1981 itself. Hence, on 24th August, 1982, the suit was pending. Therefore, S. 4(1)(a) of the Act also applies. The learned District Munsif is wrong in summarily rejecting the claim on the ground that the debt was incurred after 4th December, 1982. 4. In the result, the revision is allowed and the matter is remanded to the Court below for disposal on merits. No costs.