KHUMAN HATHIA NAJA Vs. PATEL GIGABHAI SHAMLA

JUDGEMENT

(1.) The Board under the S. A. D. R. Act directed the creditor to pay certain amount to the debtor in the course of proceedings for the adjustment of debts under sec. 4 of the S. A. D. R. Act. In appeal the appellate Court held that the creditor cannot be asked to pay any amount to the debtor.

(2.) This view is challenged in revision and it is contended that in view of section 44 of the S. A. D. R. Act the provisions of the Civil Procedure Code are applicable. Section 44 of the S. A. D. R. Act reads as under :-

(3.) Order 34 Rule 9 C. P. Code deals with a preliminary decree in a redemption suit referred to in O. 34 Rule 7 C P. Code. Order 34 Rule 9 C. P Code reads as under :-