KARIYAIAH Vs. PUTTAHAYAMMA

JUDGEMENT

(1.) AN order declaring that the defendant in a suit is a debtor as defined in S.3(c) of the Karnataka Debt Relief Act 1976 and consequently the debt advanced to him stood discharged by virtue of S.4(a) of that Act is a formal expression of an adjudication which, so far as the Trial Court is concerned conclusively determines the rights of the parties with regard to the debt in question. It is therefore a decree as defined in S.2(2) of the CPC. The fact that S.4(c) of the Act provides that all suits pending against any debtor for the recovery of any such debt shall abate does not in any way alter the true character of the order passed by the trial Court holding that the debt stands discharged under the Act. In the instant case the trial Court has held that the suit abates after holding that the defendant is a debtor. The plaintiff who is aggrieved by that order has to file an appeal under S.96 CPC. This revision petition is not maintainable. It is rejected.