M K SRIMATHI AMMAL Vs. P CHELLAMMAL

JUDGEMENT

(1.) THE Tamil Nadu Indebted Agriculturists (Temporary) Relief Act (XV of 1976) by section 3 laid down that no suit for the recovery of a debt shall be instituted against any agriculturist in any civil Court on and from the date of commencement of the Act and before the expiry of one year from the said date. Under section 1 (3), the Act was deemed to have come into force from 15th day of January, 1976. THE one year period referred to in section 3 would thus expire on 15th January, 1977. THE moratorium period of one year was extended from time to time by the subsequent enactments passed by the State Legislature. In overall result, the period of moratorium against filing of suits for recovery of debts subsisted from 15th January, 1976 to 15th July, 1978.

(2.) THE petitioner in this revision brought a suit against the respondent during the subsistence of the moratorium on 20th September, 1976. THE suit was instituted on the file of the Sub-Court, Madurai. This suit although its institution was barred by the statute nevertheless appears to have been numbered as Original Suit No. 106 of 1976. In Interlocutory Application No. 89 of 1977, the defendant thereupon moved the Court to dismiss the suit on the score that the suit had been instituted in contravention of the bar under section 3 of the Act. THE Court allowed the said application, and dismissed the suit, as a consequence. THE said order allowing the application was made on 19th July, 1977. This revision has been brought by the plaintiff as against the order allowing Interlocutory Application No. 89 of 1977.

(3.) I do not think it necessary to deal at length with the question of construction of the section or with the question as to the consequences of non-compliance with the section. For, this matter has been dealt with in extenso in a judgment of Ratnam, J., reported in Srihari Babu Naidu v. S. Alamelu Ammal1.