- (1.)THIS Civil Revision Application has been filed by the original plaintiff against an order dated 30-3-1972 passed by the Joint Civil Judge, Junior Division, Khamgaon, in Regular Civil Suit No. 110 of 1971 allowing the application filed by the defendant for stay of the suit under Section 3 of the Bombay Execution of Decrees (temporary Postponement ) Act, 1959, therein after referred to as the Act.
(2.)THE plaintiff filed a suit for recovery of arrears of maintenance amount and for future maintenance and claimed a decree for Rs. 2700/- as arrears of maintenance ad future maintenance at the rate of Rs 75/- per month. The defendant filed an application dated 10-2-1972 under Section 3 of the Act for stay of the suit on the grounds stated in the application, According to the defendant, the present suit is a suit for money. The defendant earns his livelihood wholly by agriculture carried on within the limits of the State of Bombay and he ordinarily engages personally in agriculture within those limits, and therefore, he is an agriculturist within the meaning of the aforesaid Act. The field property of para, 2 of the said Act are made applicable tot he whole of the Buldana district and the Part II of the said Act is in force in the area. Therefore, the present suit being a suit for money the same is liable to be stayed under clause (b) of sub-section (2) of Section 3 of the said Act. This application was opposed by the plaintiff, who suit for money, but this is a suit for recovery of arrears of maintenance and for future maintenance by the wife against her husband and for a charge on both counts on the property stated in Schedule II annexed to the plaint, According to the plaintiff, the provisions of Section 3 will not apply to such a suit in view of the provisions of Section 8 of the said Act.
(3.)AFTER hearing the parties on these rival contentions the learned Judge held that the present suit is liable to be stayed under Section 3 (2) (b) of the Act, this being a suit for money and the defendant being an agriculturist and in view of the fact that part II of the Act has been made applicable to the district of Buldana. Against this order this revision application has been filed.