RANA MAFATLAL GORDHANBHAI Vs. MAHENDRABHAI BABUBHAI

JUDGEMENT

(1.) A question of some importance has been raised in this petition as to whether Civil Court has jurisdiction prima facie to determine whether a person is a debtor or not under the Gujarat Rural Debtors Relief Act 1976 (No. 35 of 1976) before any suit appeal application for revision or an application to execute a decree for recovery of a debt abates under sec. 11 thereof. The question arises in the following circumstances in this case :

(2.) In order to answer the question. which has been raised in this revision application whether the executing application should be stayed or not a few provisions of the Gujarat Rural Debtors Relief Act 1976 are to be considered. Sec. 2 Clause (c) defines what is debt and Clause (d) defines who is a debtors. Clause (g) thereof defines marginal farmer and Clauses (1) and (m) define rural artisan Land rural labourer respectively while Clause (k) defines rural area. Sec. 3 provides for the discharge or reduction of debt and the extent thereof in the prescribed cases. Sec. 4 empowers the debtor to the refund of amount paid in excess of twice the principal. before the appointed day. Sec. 5 empowers the State Government for appointment of Debt Settlement Officers. Set. B enjoins every debtor and creditor with a duty to furnish particulars of debt etc. to local authority. Sec. 7 enjoins the authorised Officer to prepare and publish statement of debts. Sec. 8 gives liberty to the disputing debtor or creditor to file his objections within a specified time before the competent Debt Settlement Officer against the particulars punished by the authorised officer under sec. 7. Sub-sec. (4) of sec. 8 requires the Debt Settlement Officer after making necessary inquiry to pass the order is respect of the objections lodged. Sec. 9 requires the debtor to pay debt as determined under sec. 8 in 10 equal annual instalments without interest. Sec. 10 permits postponement of payment of instalment in case of remissions. Secs. 11 and 12 are two important sections which are material for purposes of this revision application. Secs. 11 and 12 read as under:

(3.) I am afraid I cannot accede to these submissions made on behalf of the opponent judgment-creditor obviously for the following reasons: