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Deva Harbham Landha Vs. Mer Malde Raja - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtGujarat High Court
Decided On
Case NumberCivil Revn. Appln. Stamp No. 5215 of 1960
Judge
Reported inAIR1962Guj64; (1962)0GLR129
ActsCode of Civil Procedure (CPC) , 1908 - Sections 115; Gujarat High Court Rules - Rules 3, 5, 6 and 15; Saurashtra Agricultural Debtors' Relief Act
AppellantDeva Harbham Landha
RespondentMer Malde Raja
Advocates: M.P. Thakkar, Adv.
Excerpt:
.....6 and 15 of gujarat high court rules and saurashtra agricultural debtors' relief act - petitioner filed application for adjustments of his debts under provisions of act - in appeal assistant judge concluded that petitioner not debtor within meaning of act and dismissed application - matter came before registrar - whether registrar justified in holding that revision application was time-barred - under rule 15 for valid presentation of revision application certified copy of formal order should be filed alongwith revision application - petitioner bound to file certified copy of formal order along with revision application - certified copy of formal order filed by petitioner beyond period of limitation - held, registrar rightly concluded that revision application not filed within time. - .....the act. the respondent who is a creditor filed an appeal against the decision of the court. the learned assistant judge who heard the appeal came to the conclusion that the petitioner was not a debtor within the meaning of the act and he accordingly allowed the appeal and dismissed the application made by the petitioner for adjustment of his debts under the provisions of the act. the petitioner thereupon filed the present revision application before this court. 2. the appeal of the respondent was decided by the learned assistant judge by a judgment dated 20th september 1960. the judgment contained the reasons of the learned assistant judge for allowing the appeal and dismissing the petitioner's application for adjustment of his debts. at the foot of the judgment occurred the,.....
Judgment:
ORDER

P.N. Bhagwati, J.

1. This matter has been placed before me under Rule 6 (11) of Chapter V of the High Court Rules for revision of an order passed by the learned Registrar On 27th January 1961. The petitioner filed an application for adjustment of his debts under the provisions of the Saurashtra Agricultural Debtors' Relief Act. The trial Court decided the preliminary issue in favour of the petitioner and held that the petitioner was a debtor within the meaning of the Act. The respondent who is a creditor filed an appeal against the decision of the Court. The learned Assistant Judge who heard the appeal came to the conclusion that the petitioner was not a debtor within the meaning of the Act and he accordingly allowed the appeal and dismissed the application made by the petitioner for adjustment of his debts under the provisions of the Act. The petitioner thereupon filed the present Revision Application before this Court.

2. The appeal of the respondent was decided by the learned Assistant Judge by a judgment dated 20th September 1960. The judgment contained the reasons of the learned Assistant Judge for allowing the appeal and dismissing the petitioner's application for adjustment of his debts. At the foot of the judgment occurred the, following order ;

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