Orissa High Court
Jagannath Parida (Dead) After Him, His ... vs Bihari Sahu on 17 April, 1992
Equivalent citations: 1992(II)OLR184
JUDGMENT S.C. Mohapatra, J.
1. This Civil Revision arises out of an order refusing the application of the judgment-debtor for his protection under the Orissa Debt Relief Act (hereinafter referred to as 'the Act') declaring him to be a small farmer.
2. During the pendency of this Civil Revision judgment-debtor has expired and his wife and son have been substituted. Protection under the Act is personal to the judgment-debtor. This protection is not lilable to the legal representatives unless they come within the purview of such protection for which the necessary pre-conditions are to be satisfied by him. Accordingly, on death of judgment-debtor, his application for protection stood abated, in case such application would have been allowed, I might have considered whether the benefit would be available to the legal representatives. Such is not the position in this case since application for protection was rejected.
3. Ends of justice would be best served in case liberty is given to the legal representatives of the judgment-debtor to seek protection if so advised. On application being filed, question would be considered on its own merits without being influenced by any of the finding in the impugned order.
4. With the aforesaid direction and observations the Civil Revision is disposed of.