Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | u. 2(22) Bengal Money Lenders Act (X of 1940) 36(5) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Bengal Money-lenders Act, 1940 (10 of 1940) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bengal Money Lenders Act (X of 1940), u. 2(22), 36(5)-Relief under s. 36--"Suit to which this Act applies"--Suit in which execution proceeding was pending on /an. 1~ 1939-Execution Case struck off but attachment continuing in force on Jan. l, 1939-Applicability of Act-Civil Procedure Code (V of 1908), 0. 21, r. 57-Striking off execution case keeping attachment in force whether terminates execution proceeding--Sub-mortgagee-Whether assignee of mortgage-Right to claim protection under s. 36(5). A decree on a mortgage was passed in a suit brought by the representatives in interest of a sub-mortgagee in 1929 and a personal decree for recovery of the amount remaining due after the sale of the mortgaged properties was passed in 1935. In 1936 the decree-holder started execution of the personal decree and attached certain properties of the judgment-debtor. The decree-holder filed a petition on January 30, 1937, praying that the execution case "may be struck off for non-prosecution, keeping the attachment in force" in view of certain negotiations for amicable settlement, and the court passed an order that the: execution case "is dismissed for non-prosecution, the attachment already effected continuing". On June 2, 1939, the decree holder filed a petition stating that the decree had been adjusted and attachment may be withdrawn. The Bengal Money-lenders Act came into force on September 1, 1940, and on January 2, 1941, the legal representatives of . the judgment-debtor filed a suit under s. 36 of the Act praying for reopening the transactions. The question being whether any proceeding for executions was· pending on or after January 1, 1939, within the meaning of the definition of "a suit to which this Act applies", contained in s. 2(22) if the Bengal Money-lenders Act: |
Judge | Honble Mr. Justice Sudhi Ranjan Das |
Neutral Citation | 1951 INSC 32 |
Petitioner | Kumar Pashupatinath Malia & Another |
Respondent | Deba Prosanna Mukherjee |
SCR | [1951] 1 S.C.R. 572 |
Judgement Date | 1951-05-04 |
Case Number | 90 |
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