BALAKRISHNAN NAIR Vs. MOHAMMED KUNJU

JUDGEMENT

(1.) THE civil miscellaneous appeal is directed against an order granting a temporary injunction.

(2.) The seventh counter -petitioner in the court below is the appellant. The respondent in this appeal filed a petition on 4 -12 -1961 before the Subordinate Judge's Court of Quilon for settlement of his debts under section 15 of the Kerala Agriculturists Debt Relief Act, 1958. One of the debts included in the petition was a sum of Rs. 2,956/ - which he was liable to pay under an award of the Labour Court, Quilon, in proceedings under the Payment of Wages Act. The appellant had moved the Labour Court for relief in respect of wages due to him, and the award was passed as stated above. The award was sent to the Magistrate, Quilon, by the Labour Court for realisation of the sum. It was at that stage that this petition was filed and an interim injunction obtained ex parte. The appellant objected raising various grounds, but the objections were overruled and the interim order was made absolute. He has therefore preferred this civil miscellaneous appeal.

(3.) SECTION 15(3), which provides that "the amount, and other particulars of all claims against him (the debtor) at the commencement of this Act, together with the name, address and residence of his creditors" should be included in the petition, seems to indicate that the liabilities incurred after the commencement of the Act are to be excluded in proceedings under section 15. The definition of 'debt' in section 2(c) includes only liability due from or incurred by an agriculturist on or before the commencement of the Act. This aspect was not considered by the court below.