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Hemendra Nath Sanyal Vs. Sashi Bhusan Talukdar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1943Cal101
AppellantHemendra Nath Sanyal
RespondentSashi Bhusan Talukdar
Excerpt:
- .....that the decree may be re-opened and a new decree passed in accordance with the provisions of the bengal money-lenders act. we make no order as to.....
Judgment:
ORDER

1. This rule in our opinion must be made absolute. It appears from the facts found by the learned Subordinate Judge that the decree was made in a suit to which the Act applies and that the decree did allow interest in excess of what is permitted under Section 30, Bengal Money-Lenders Act. Therefore sufficient ground has been made out for reopening of the decree. As to whether it is worthwhile for the judgment-debtor to have a new decree at this stage, when considerable time has elapsed since the date of that decree, is absolutely immaterial. At any rate, he is entitled to have instalments. The result therefore is that the rule is made absolute and the case is sent back in order that the decree may be re-opened and a new decree passed in accordance with the provisions of the Bengal Money-Lenders Act. We make no order as to costs.


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