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1952 Supreme(Mad) 259

P.V.RAJAMANNAR
Narayanan Chettiar – Appellant
Versus
Rathinasami Padayachi – Respondent


Advocates:
K. Venkateswaran for Petitioner.
R. Desikan for Respondent.

Judgment.-

There is no reason whatever to interfere with the order passed by the learned District Munsif. The petitioner is the decree-holder. The respondent who was the first judgment-debtor made an application on 3rd June, 1949, under section 19 of Madras Act IV of 1938 as amended by Act XXIII of 1948 for scaling down the decree which had been passed against him on 24th November, 1933. The decree-holder raised a preliminary objection that the application was not maintainable on the ground that the judgment-debtor had previously filed an application for stay under section 20 of the Act and there was an order staying execution passed on 14th March, 1946, but he did not file any application within 60 days thereafter and therefore the judgment-debtor was not entitled to once more file an application for stay as he did and then file a substantive application under section 19. It may be mentioned that prior to the present application under section 19 there was another application under section 20, and there was an order for stay passed on 17th March, 1949 and it is not disputed that the present petition under section 19 has been filed within the prescribed time from the date of that or





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