Before Ormand, J.
JAMINI KUMAR DEY and others – Appellants
RAJ KUMAR KAR and others – Respondents
Regular second appeal No. 991 of 1943, decided on 10th May, 1949, from the order of the subordinate judge of Comilla dated 9th January, 1943.
Bengal Money – Lenders Act (X of 1940) S. 2(22) – proceeding Before Debt Settlement board under S. 8 of Bengal Agricultural Debtors Act – Are proceedings within meaning of S. 2(22) – Meaning of words “pending” and “not fully satisfied” under S. 2(22) read with S. 36 explained.
The proceedings before the Debt Settlement Board themselves constitute a proceeding within the definition of section 2 sub section (22), so as to make for the purposes of the Bengal money lenders Act, the application before the Debt Settlement board, “a suit to which this Act applies” within the meaning of section 2, sub section (22).
Section 2 sub section (22), read with section 36, Bengal Money Landers Act results in an extended meaning given to the words “ pending” or to the words “not fully satisfied” used in the second provision of section 36 had it not been for the direct language of the Act, in ordinary parlance a suit would not be pending after decree. The meaning of the word “pending” for the Act is extended to include a suit even after decree, provided execution proceedings are pending. And then again the period for reopening is further extended even if the execution proceeding would not otherwise have been held to be remains undisposed of an application by the decree-holder for possession of property purchased by him in execution of the decree, but this wide extension of the proceedings which can be reopened is now here made to include, as part of the suit, other independent proceedings such as proceedings before the Debt Settlement Board.
48 C. W. N. 85 referred to.
Mukunda Behari Malik and Mohedra Kumar Ghose, Appellants.
Amarendra Mohan Mitra, Bireswar Chatterjee and Gouri Prosad Mukerjee, for Respondents.