K.A.SWAMI, A.RAMANUJULU NAIDU, T.LAKSHMI NARAYANA REDDY
Challa Ramamurty – Appellant
Versus
Pasumarti Adinarayana Sons Regd. Firm – Respondent
( 1 ) COMMON questions of law of considerable importance are raised in this group of revision petitions. They are heard together and disposed of by this judgment. The facts : in execution proceedings by the decree-holders, the judgment-debtors contended that they were small farmers within the meaning of Act 7 of 1977 and the debt must be deemed to have been discharged. The plea was accepted in some and rejected in others depending on the evidence. Treating the decisions on this question as decrees, aggrieved parties filed appeals under S. 96 of the Civil P. C. Appeals were held to be maintainable in some and the cases were disposed of on merits. Some Courts took the view that they are not maintainable in view of the amended sub-sec. (2) of S. 2 of C. P. C. Aggrieved by the said orders these revisions are filed.
( 2 ) THE contentions on behalf of the petitioners are two-fold. (1) Even after the amendment of sub-sec. (2) of S. 2 by Act 104 of 1976, decisions under S. 47 C. P. C. are decrees provided that they satisfy the tests mentioned in the first part of sub-sec. (2) of S. 2. Prior to the amendment, all decisions under S. 47 C. P. C. were decrees. By omitting the wo
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