Judgement

Appeal (No. 3 of 1948) from a judgment and decree of the High Court (June 29, 1944) affirming with certain variations the order and decree (August 25, 1941, and May 10, 1943, respectively)—in Misc. Case No. 18/40—passed by the Subordinate Judge at Alipore.

Law Rep. 76 Ind. App. 179 ( 1948- 1949) Jadunath Roy V. Kshitish Chandra Acharjya Choudhury

96

The following facts and statutory provisions are taken from the judgment of the Judicial Committee. This appeal arose from a petition made by the respondents for re-opening certain mortgage decrees obtained by the appellants respectively on April 4, 1929, September 13, 1929, and December 13, 1937 (in Title Suit No. 121 of 1927). The right to re-open the decrees was claimed under s. 36 of the Bengal Money Lenders Act (Beng. Act X. of 1940) herein referred to as " the Act.” The material provisions of s. 36 of the Act were—

" 36.—(1.) Notwithstanding anything contained in any “law for the time being in force, if in any suit to which " this Act applies .... the court has reason to believe "that the exercise of one or more of the powers under " this section will give relief to the borrower, it shall exercise " all or any of the fol