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1987 Supreme(Ker) 525

T.KOCHU THOMMEN, RADHAKRISHNA MENON
A. K. NANU – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. These appeals arise from the common judgment in OP Nos. 6991, 6999 and 6992 of 1986 whereby the learned judge held that, in respect of a debt recoverable by recourse to the provisions of the Kerala Revenue Recovery Act, 1968 (the "Act"), the bar of limitation prescribed under the Limitation Act, 1963 was inapplicable The learned judge stated:

"As long as the right is not extinguished and no period is prescribed for resorting to the proceedings for recovery under the Act the fact that a suit is barred will not disentitle the Bank from resorting to steps in pursuance to the notification by proceeding under the provisions of the Revenue Recovery Act"

The provisions of the Act have been made applicable by SRO. No. 797/79 to the recovery of loans advanced by a bank to a person for agriculture or agricultural purposes. It is open to the bank to recover such debts by recourse to the summary procedure under the Act instead of having recourse to the elaborate and time-consuming procedure provided under the Civil Procedure Code. The question, however, is whether the debt is recoverable under the Act at any time the bank chooses to recover it or is the bank, as in the case of a c












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