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1963 Supreme(AP) 25

N.KUMARAYYA, P.CHANDRA REDDY, SHARFUDDIN AHMED
State Bank of Hyderabad – Appellant
Versus
Joint family of Mukundas Raja Bhagwandas and Sons – Respondent


KUMARAYYA, J.

( 1 ) QUESTIONS referred to this Full Bench for opinion are -- 1. Whether, on a true construction of Section 25 (1) of the Act, it has application to suits, appeals and applications for execution and proceedings other than revisional in respect of debts not existing on or before the notified date under Section 11 of the Act pending in any civil or revenue Court involving questions set out in that Section? 2. Whether in execution proceedings relating to decrees obtained in suit filed after the notified date, the Court could go behind the decrees passed and trace the history of the transactions which resulted in the liability under the decree? 3. If the answer to question No. 1 is in the affirmative, whether Section 25 (1) of the Act has to be struck down as violating Articles 14 and 19 (1 ) (f) of the Constitution? The Act mentioned in question No. 1 is the Hyderabad Jagirdars Debt Settlement Act (XII of 1952 ).

( 2 ) THE above questions have arisen in a civil revision petition preferred against the order of the Fourth Judge, City Civil Court, directing the execution petition pending before him to be transferred to the Board constituted under Act XII of 1952 for settle















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