High CourtsDivision Bench(1939) 03 MAD CK 0029

Gaja Gopi Reddi, minor by guardian and mother Seshamma vs Pulla Rami Reddi

Madras High Court · Decided on 17 March 1939 · Citation: AIR 1939 Mad 500 : (1939) ILR (Mad) 530 : (1939) 49 LW 620 : (1939) 1 MLJ 888

HON’BLE JUDGES
Newsam, J

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Judgment

7 paragraphs · 178 words

Newsam, J.—The facts are these. The judgment-debtor was a joint family. The father and manager of the joint family filed a petition tinder

Section 20 of the Act and obtained stay of execution, but failed to file an application u/s 19 (for scaling down the debt) within 60 days. Later on his

minor son, represented by his mother, filed applications under Sections 19 and 20 of the Act, which have been dismissed.

2.

The question arises whether every member of a joint family can file a petition under Sections 19 and 20 or any member. The word used in

Section 19 is any member and that must obviously be so, for it is a concession to joint families that any member entitled to relief may apply for stay

and scaling down. The concession is not that every member of the family in Succession may obtain 60 days'' stay. Obviously the joint family is

bound by any order passed on the application of any member, or by any default committed by any member. I dismiss this petition with costs.