The All India Reporter 1952-Jammu and Kashmir Section Citation: A.I.R. (30) Jammu & Kashmir

(12) The majority of the Judges composing the Full Bench held as a result of their examination of the Act that the amendment has made no differ- ence in the scope of Section 29 and that the word "amount" should be limited in its significance to the word "debt" as defined in the Act. [...] It provides that "it shall be deemed to have come into force from the date the Jammu & Kashmir Distressed Debtors' Relief Act (XVI of- 2006) came into force. " (10) The trend of the argument before the Full Bench of the High Court seems to have made a grievance of the fact that the amendment was made for the purposes of the particular case then pending and that there was some impropriety in the ac [...] The entire frame-work of the Act reveals an anxiety on the part of the State to liquidate all debts within a reasonable time and if there are lacunae in the Act which admit of re- visions to the High Court being interposed between the order of the civil Court under Section 29 trans- ferring the case to the Conciliation Board and the actual decision by the latter such lacunae should be filed in. [...] The daughters of the brother do not succeed collaterally but they succeeded to the vested interest which their father posSessed and though the latter died in the life-time of the mother his interest does not cease but devolves upon his daughters who became entitled to the share after the termination of the limited interest of the mother. [...] appeal against the order of the trial Court re- fusing to set aside the exparte decree the limi- tation for execution of the decree shall start from the date of the order dismissing the appeal and not the date of the decree of the trial Court.