BAI DHULI Vs. PATEL MOTIBHAI REVANDAS

JUDGEMENT

(1.) In the proceedings under section 4 of the B. A. D. R. Act for the adjustment of debts the creditors filed an appeal against an order under section 17 holding that the applicant was a debtor. After an award they filed another appeal and in that award the learned appellate Judge held that the finding that the applicant was a debtor was erroneous and the appellate Court therefore set aside the award ordering the return of the property to the debtor.

(2.) In revision it is contended that an appeal against the order passed under sec. 17 of the B. A. D. R. Act having been filed in the appellate Court it was not open to the appellate Court to deal with that question in the appeal against the award. The appellate Judge holding that the transaction was a mortgage debt set aside the award on the ground that the applicant had not proved that he was a debtor. Under the B. A. D. B. Act order can be passed under various sections and some of them are appealable. Sec. 43 of the B.A.D.R. Act provides that an appeal shall lie : - (i) from every order passed under sub -section (3) of section 8; (ii) from every order passed under section 17; (iii) from every order passed under section 24; (iv) from every order passed under sub -section (2) of section 36; and (v) from every award made under the Act other than an award made in terms of a settlement under sub -section (4) of sec. 8 or under sec. 9 or an award made under sec. 33 before the making of which the creditors agreement has been obtained under sub -section (1) thereof or an award before the making of which neither the debtor nor any of the creditors produced evidence to enable the Court to determine the amount of debt due from the debtor. The order under sec. 17 of the B. A. D. R. Act is an order holding the applicant to be a debtor and holding that the amount due from such a person did not exceed Rs. 15 0 Section 17 of the B. A. D. R. Act so far as relevant provides as follows : -

(3.) Section 22 of the B.A.D.R. Act deals with the mode of taking accounts.