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Gaja Gopi Reddi, Minor by Guardian and Mother Seshamma Vs. Pulla Rami Reddi - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1939Mad500; (1939)1MLJ888
AppellantGaja Gopi Reddi, Minor by Guardian and Mother Seshamma
RespondentPulla Rami Reddi
Excerpt:
- - the father and manager of the joint family filed a petition tinder section 20 of the act and obtained stay of execution, but failed to file an application under section 19 (for scaling down the debt) within 60 days......j.1. the facts are these. the judgment-debtor was a joint family. the father and manager of the joint family filed a petition tinder section 20 of the act and obtained stay of execution, but failed to file an application under section 19 (for scaling down the debt) within 60 days. later on his minor son, represented by his mother, filed applications under sections 19 and 20 of the act, which have been dismissed.2. the question arises whether every member of a joint family can file a petition under sections 19 and 20 or any member. the word used in section 19 is any member and that must obviously be so, for it is a concession to joint families that any member entitled to relief may apply for stay and scaling down. the concession is not that every member of the family in succession may.....
Judgment:

Newsam, J.

1. The facts are these. The judgment-debtor was a joint family. The father and manager of the joint family filed a petition tinder Section 20 of the Act and obtained stay of execution, but failed to file an application under Section 19 (for scaling down the debt) within 60 days. Later on his minor son, represented by his mother, filed applications under Sections 19 and 20 of the Act, which have been dismissed.

2. The question arises whether every member of a joint family can file a petition under Sections 19 and 20 or any member. The word used in Section 19 is any member and that must obviously be so, for it is a concession to joint families that any member entitled to relief may apply for stay and scaling down. The concession is not that every member of the family in Succession may obtain 60 days' stay. Obviously the joint family is bound by any order passed on the application of any member, or by any default committed by any member. I dismiss this petition with costs.


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