ABRAHAM THOMAS Vs. ULAHANNAN

JUDGEMENT

(1.) Appellant herein, filed an application before the Subordinate Judge's Court, Kottayam, under S.15 of the Kerala Agriculturists' Debt Relief Act, 1970 (for short 'The Act') alleging that he is an agriculturist who is unable to pay his debts and unconditionally offering to leave all his assets in the control of the Court. The Original Petition came up for consideration on 2-8-1983. Both sides asked for time and the court adjourned the case to 9-9-1983 making a note that there will be no further adjournment. On 9-9-1983 the petitioner was not present. It appears his counsel filed an application for adjournment on the ground that the claimant was laid up with fever and cough. The court was not inclined to grant adjournment and dismissed the Original Petition for default. That order is now challenged.

(2.) A doubt has been expressed at the Bar regarding the maintainability of the appeal. It is pointed out that the provision for appeal is contained in S.21 of the Act. According to this provision, an appeal shall lie against any order passed under sub-s.(8) of S.7 or S.9 or S.11 or S.13 or S.14 or S.16 or S.20 to the court to which appeals ordinarily lie from the decisions of the court which has passed the order. What is alleged is that the dismissal of the petition filed under S.15 of the Act is an order under S.15 and not under S.16 and, therefore, no appeal is maintainable.

(3.) S.15 deals with the application to court by persons unable to pay their debts. The manner in which the application should be submitted is provided in sub-s.(2). The particulars which should be found in the application are prescribed in sub-s.(3). Sub-s.(4) requires the court to pass an order fixing a date for hearing and issue notice to the creditors and other interested persons. Sub-s.(6) states that the court shall determine the admissibility and the amount in each claim against the applicant or his properties and shall for such purpose take all steps necessary for the determination of any question raised in the case.