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1984 Supreme(Ori) 2

P.C.MISRA
HARIHAR PATI – Appellant
Versus
DYETARY KHHTOI AND ETC. – Respondent


Advocates Appeared:
N.G.Mohanty, R.K.MOHAPATRA

P. C. MISRA, J.

( 1 ) BOTH these revision applications involved identical questions of law and have, therefore, been heard analogously and are disposed of by this common judgment.

( 2 ) CIVIL Revision No. 514 of 1980 arises out of O. S. No. 83 of 1976-11 of the Court of the Munsif, Puri, for realisation of Rs. 1286/- from the opposite party-defendant advanced to him as loan. The defendant took several adjournments to file the written statement and when no written statement was filed, the learned Munsif ultimately post ed the case to 21-3-1977 for ex parte hearing and directed the plaintiff to file the required certificate under Section 18-B of the Orissa Money-Lenders Act, 1939 (for short, 'the Act' ). On the adjourned date, the plaintiff did not file the certificate under Section 18-B of the Act and the learned Munsif passed an order that the suit had abated. The present petitioner thereafter filed, a petition under Section 151 of the Code of Civil Procedure (for short the Code') for restoration of the suit after obtaining the certificate under Section 18-B of the Act which was registered as Misc. Case No. 130 of 1979. The learned Munsif by his order dated 16-5-1980 has rejected









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