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2000 Supreme(SC) 816

A.P.MISRA, M.B.SHAH
Umakant Mishra (Dead) Through Lrs. – Appellant
Versus
Dinanath Prasad Shah (Dead) Through Lrs – Respondent


M.B.SHAH, J.

(1) THIS appeal is filed against the judgment and order dated 20-6-1987 passed by the High Court of Patna rejecting Civil Revision No. 1078 of 1984 holding that the executing court has no right to review the valuation fixed by the trial Judge. The said revision application was filed by the appellant judgment-debtor against the order dated 31-3-1984 passed by the IVth Additional Subordinate Judge, East Champaran, Motihari in Miscellaneous Appeal No. 17/5/7 of 1982, whereby the Additional District Judge set aside the order dated 19-2-1982, passed by the Munsif in Execution Ca.seNo.51of 1978.

(2) TO appreciate the contentions raised by the parties, it would be necessary to set out a few facts. The appellant is the judgment-debtor and the parties are governed by the provisions of the Bihar Money Lenders Act, 1974 (hereinafter referred to as "the Act"). Section 18 of the said Act specifically provides that when an application is made for the execution of a decree passed in respect of loan or interest on loan advanced by the sale of the judgment-debtors property, the court executing the decree shall, notwithstanding anything to the contrary conta









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