JUDGMENT - 1. This revisional application arises out of proceedings which were initialed by the petitioner (judgment-debtor) under Section 3 of the Madhya Pradesh Temporary Postponement of Execution of Decrees Act, 1956 (M. P. Act No. V of 1956), which will hereinafter be referred to as the Act. On the 16th of June, 1960, the respondent filed a darkhast to execute the decree, which he had obtained against the petitioner for the refund of earnest money. On the 22nd of July, 1960, the petitioner filed an application for stay of execution of the decree under Section 3 (1) of the Act, which reads thus:

"All proceedings in execution of any decree for money, or proceedings for making final any preliminary decree for foreclosure or sale, or proceedings in execution of any final decree for sale, passed by a Civil Court on the basis of a liability incurred before this Act comes into force, in which a Judgment-debtor or defendant, as the case may be is on the date this Act comes into, force, an agriculturist, shall be stayed against such judgment-debtor or defendant, on an application made by him in this behalf during the period this Act remains in force."

On 21st of December, 1961, the applic

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