https://www.taxtmi.com/caselaws?id=194272 A revisional order passed without considering the Tamil Nadu Debt Relief Act, 1980 and the Tamil Nadu Debt Relief (Amendment) Act, 1981 could not operate as res judicata. The decree for arrears of rent and damages for use and occupation fell within an excluded category under the principal Act, and the amended definition of debtor and removal-of-doubts provision confirmed that the judgment-debtor was not entitled to statutory relief on the facts found. An order made in ignorance of controlling statutory provisions, and contrary to them, is per incuriam and non-binding between the parties. The executing court's refusal to entertain the fresh execution petition was therefore unsustainable, and the decree-holder was entitled to have execution restored and proceeded with according to law. en-us Fri, 30 Jul 1993 00:00:00 +0530 Sat, 02 Sep 2017 18:54:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=194272 A revisional order passed without considering the Tamil Nadu Debt Relief Act, 1980 and the Tamil Nadu Debt Relief (Amendment) Act, 1981 could not operate as res judicata. The decree for arrears of rent and damages for use and occupation fell within an excluded category under the principal Act, and the amended definition of debtor and removal-of-doubts provision confirmed that the judgment-debtor was not entitled to statutory relief on the facts found. An order made in ignorance of controlling statutory provisions, and contrary to them, is per incuriam and non-binding between the parties. The executing court's refusal to entertain the fresh execution petition was therefore unsustainable, and the decree-holder was entitled to have execution restored and proceeded with according to law. Case-Laws Indian Laws Fri, 30 Jul 1993 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=194272