A SHIVARAMAIAH Vs. CHARDAPPA PAI

JUDGEMENT

(1.) This revision petition has been referred to a Division Bench by Jagannatha Shetty, J as he felt that the question involved in this petition relates to the scope of Sec.7 of the Karnataka Debt Relief Act, 1976 (hereinafter referred to as the 'Act') and that that question is of considerable importance and will be raised in many cases.

(2.) This is a defendant's revision petition against the order of the Civil Judge who rejected the application, LA.No.3, made by the defendant praying that the plaintiff might be directed to lead evidence on additional issue No.5. That issue reads:

(3.) The learned Civil Judge held that issue had been rightly framed, that as such, under Sec.7 of the Act it was for the defendant to prove initially that he was a debtor as defined in the Act and that then it was for the plaintiff to prove that he (the defendant) was not entitled to the benefits under the Act. In that view, the learned Civil Judge directed the defendant to adduce, first, evidence on that issue. CRP. 1795 of 1976.