NATARAJAN
Duraiswami Padayachi – Appellant
Versus
Thangavel Padayachi – Respondent
ORDER :- The judgment-debtors are the revision petitioners. The respondent (decree-holder) has obtained a decree against the petitioners in terms of Act XL of 1978. Subsequently, after Act XL of 1979 came into force, he filed a petition for reopening the suit for having the suit claim 'scaled down in accordance with the terms of Act XL of 1979'. Overruling the objection of the judgment-debtors, the court below has ordered the amendment of the decree and hence the revision by the judgment-debtors.
2. The promissory note executed by the petitioners in favour of the respondent was for Rs. 4,200. However, while filing the suit, the respondent restricted the suit claim to one-half of the principal sum and interest due thereon as per S.7 (1) (b) of Act XL of 1978, read with Explanation (2) annexed thereunder. The defendants submitted to a decree and accordingly, a decree was passed on 8th June 1979.
3. Such being the case, it is not open to the decree-holder to ask for amendment of the decree under Act XL of 1979. It is, no doubt, true that decrees passed under Act XL of 1978 can be reopened and amended suitably under Act XL of 1979. But, that will not mean that the suit itself c
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