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1975 Supreme(Bom) 127

DHARMADHIKARI
Premchand Nathmal Kothari – Appellant
Versus
Kisanlal Bachharaj Vyas and others – Respondent


Advocates:
J.N. Ghandurkar„ for Applicants; R.S. Lambat, for Opponent No. 1.

ORDER:- An application was filed under Section 3 of the Maharashtra (Vidarbha Region) Agricultural Debtors' Relief Act, 1969; hereinafter referred to as the Act, by creditor Kisanlal Bachhraj Vyas on 1-4-1970 against his debtors. It seems from the record that this application was opposed by the original Non-applicants Nos. 2, 3 and 5 to 7 by filing a written statement and a contention was also raised that the said application is barred by limitation, as it was not filed before the 1st day of April 1970. It was also contended that as the application was not filed under Section 3 of the Act before the specified date, the debt stood extinguished. The applicant-creditor has also filed an application under Section 5 of the Limitation Act showing sufficient cause for not filing the application before the 1st day of April 1970.

2. The learned Civil Judge, Senior Division, Amravati, by his order dated 23rd October 1972 allowed the application filed by the applicant-creditor under Section 5 of the Limitation Act and condoned the delay. Therefore he further held that the debt is not extinguished. Against this order the present revision application is filed by the debtors.

3. Shri Chandurkar, t






























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