Judgement

Appeal (No. 70 of 1947) from an order of the High Court passed in its civil revisional jurisdiction (August 13, 1943) which set aside an order of the Subordinate Judge of Burdwan (July 18, 1942) rejecting the petition of the respondents Nos. 1 to 10 under ss. 30 and 36, sub-s. 6 (a) (ii), of the Bengal Money Lenders Act, 1940 (hereinafter referred to as " the " Act "), for reopening a mortgage decree dated October 5, 1931, passed against the respondents in mortgage suit No. 198 of 1930.

The following facts are taken from the judgment of the Judicial Committee. The questions argued on this appeal were first, a preliminary objection taken by the respondents that this appeal was incompetent; secondly, a preliminary objection taken by the appellant that the revision application to the

Law Rep. 76 Ind. App. 131 ( 1948- 1949) Joy Chand Lal Babu V. Kamalaksha Chaudhury

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High Court from which this appeal was brought was incompetent. Apart from those preliminary objections the only two matters urged against the order of the High Court appealed from were first, that the loan to which the application of the respondents related was a " commercial loan" to which the Act did not appl