Appukuttan alias Narayana Menon vs The Malabar Bank Ltd.

Sankaran, C.J.—Judgment-debtor has preferred this appeal against the lower court''s order dismissing the application filed by him under Act XXXI of 1958. According to him, the decree-debt is one to which the Act is applicable. The lower court held that the debt is one which is excluded from the scope of the Act. It is admitted, even by the judgment-debtor, that the debt is one which arose out of a chitty or kuri transaction and that the kuri has not yet terminated. Such a liability clearly comes within the class of debts excluded from the scope of the Act as per clause (c), 10 of Section 2 of Act XXXI of 1958. The lower court was right in dismissing the judgment-debtor''s application. The result is that this appeal is dismissed with costs.