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1943 Supreme(FC) 5

SPENS
Bank of Commerce Ltd. – Appellant
Versus
Amulya Krishna Basu Roy Chowdhury – Respondent


JUDGMENT

Spens, C.J.

1.These appeals arise out of applications made by two judgment-debtors for relief under Section 36, Bengal Money-lenders Act, 1910. The appellant's predeeessor-in-title had obtained small cause decrees against the respondents in 1933 and 1938 respectively and certain payments had been made towards them. On 30th August and 1st September 1941, the judgment-debtors applied to the Court to reopen the decrees, scale down the debts and direct refund of amounts that might be found to have been overpaid on taking accounts according to the provisions of the Act. To these claims the appellant bank raised various objections, but they were overruled by the Subordinate Judge and the judgment-debtors were awarded small amounts by way of refund. The bank took the matter on revision to the High Court at Calcutta, on the plea that the decrees had been obtained on "promissory notes" and that the Provincial Legislature had no authority to enact measures affecting promissory notes. This contention was overruled by the High Court on the authority of a Full Bench decision of that Court 45 G.W.N. 609: Harsukhdass Balkiasendas v.Dhirendra Nath Roy ('41) 28 A.I.R. 1941 Cal. 498. That Ful

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