BIDDADEPPA RAMAPPA Vs. SHIVAYOGAPPA SHIVAPPA HERUR AND CO

JUDGEMENT

(1.) This Revision Petition is preferred against the order dated 17-1- 1987 passed by the learned Munsiff, Haveri, in O.S. No.29 of 1980 holding that Issues 5 and 6 do not arise for consideration as the same have become redundant and further ordering that the same should be deleted.

(2.) Issues 5 and 6 are as follows: "5. Does the defendant No. 1 prove that he is a debtor under the Karnataka Debt Relief Act ? 6. Whether the defendant No.1 is entitled for the benefit under the Karnataka Debt Relief Act ?"

(3.) On an earlier occasion, by the order dated 8-11-1983, the trial Court held that defendant-1 was not a debtor under the Karnataka Debt Relief Act. That order was challenged before this Court in C.R.P. No. 525 of 1984 which was allowed on 5-8-1986 in the following terms: