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1979 Supreme(Mad) 204

SETHURAMAN
Venkatachalam Chettiar – Appellant
Versus
Adaikappa Chettiar – Respondent


Advocates:
N. Srinivasan, for Petitioner; S. Gopalaratnam, for Respondents.

Judgement

ORDER :- This civil revision petition has been filed against the order of the learned Subordinate Judge, Devakottai, dated 20-10-1978 dismissing E.A. No. 170 of 1978 in E.P. 17 of 1975. The execution petition was filed for realisation of the costs awarded by this court in App. No. 640 of 1969. The petitioner herein filed the execution application in question for stay under Section 16 of the Tamil Nadu Ordinance 5 of 1978 which has now been replaced by Tamil Nadu Act 40 of 1978. The learned Subordinate Judge was of the view that the provisions of the Ordinance could be invoked by a person who is entitled to scale down the decree or other benefits conferred under the Act and that, as regards costs, the petitioner was not entitled to claim any relief under the said Ordinance. It is this order which is now challenged by the petitioner in the present civil revision petition.

2. As already mentioned, Ordinance 5 of 1978 has been now replaced by Tamil Nadu Act 40 of 1978 : There is no dispute that we are now concerned only with the Act, as it is passed, as the Ordinance has been repealed. This Act has been passed for giving relief to certain indebted parsons in the State of Tamil











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