JUDGMENT :

R.N. Misra, C.J. - The Plaintiff of Money Suit No. 241 of 1976 who lodged a claim for recovery of Rs. 1400/- based on a promissory note dated 11-2-1973 is the Petitioner challenging an order directing abatement of his suit for non-compliance of the provision of Section 18-B of the Orissa Money Lenders Act (hereinafter referred to as the 'Act'). The suit was filed on 10-8-1976, some time after the amendment came into the Statute. The trial Court granted specific adjournments to the Plaintiff to comply with the mandate of Section 18-B of the Act. After two such adjournments, the suit stood posted to 4-4-1977 when the following order was made:

The Plaintiff and Defendant file separate haziras, but the Plaintiff does not file the required certificate u/s 18-B of the amended Orissa Money Lenders Act. The Plaintiff is absent on call. The suit stands abated u/s 18-B(1) of the Orissa Money Lenders Act for want of the certificate u/s 18-B.

The order for abatement must be assumed to have been u/s 18-B(8) of the Act though erroneously referred to in the order-sheet as 'Sub-section (7).'

2. An application was made for revival of the suit by filing it on 1-5-1978, i.e. about 13 months af