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1960 Supreme(MP) 245

H.R.KRISHNAN, M.A.RAZZAQUE
Rahim Ahmad Khan – Appellant
Versus
Jagannath Shrikishan – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: M.S. Rudra
For Respondents/Defendant: W.Y. Pande

ORDER

Both these appeals by the judgment-debtor arise out of the Execution Case No. 4 of 1947-48 which itself seems to be a new number given to an old case pending at the time of integration. After some controversy, the execution case was transferred from the Munsiff, Dhar to the District Judge who passed an order to the effect that the case was governed by the Dhar Usurious Loans Act and accordingly ordered that accounts should be taken-in other words-applied section 3(1)(i & ii) of the Dhar Usurious Loans Act. He refused to accept the judgment-debtor's contention that the execution was time-barred. Upon that, both the parties went up in appeal, the judgment-debtor repeating that the execution was time-barred and the decree-holder urging against the application of the Usurious Loans Act. After an order by a single Judge, the matter went up again in a special appeal to a Divisional Bench which rejected the plea of limitation. It also rejected a new ground set up by the decree-holder during the appeal that the District Judge had no jurisdiction having become functus by the operation of an Ordinance of the Madhya Bharat. As for the application of the Usurious Loans Act, the Divisional












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