DEOCHAND S O DULLABHJI Vs. GANGABAI

JUDGEMENT

(1.) The non-applicant, Smt. Gangabai, had filed the Civil Suit No. 519 of 1974 and, during the pendency of the said suit before the 7th Joint Civil Judge, (Junior Division), Akola, the present applicants-defendants, filed an application-Exh. 64 dated 11-1-1982, under sections 11 and 12 of the Maharashtra Debt Relief Act, read with section 151 of the Civil Procedure Code.

(2.) By the said application-Exh. 64, the defendants alleged that, on the basis of the pleadings in the written statement of the defendants, pleas have been raised regarding the provisions of the Maharashtra Debt Relief Act and that additional issues have been framed. The defendants prayed that under sections 11 and 12 of the said Act, issues framed in that regard should be referred to the authorised officer as the Civil Court would be without jurisdiction to try the said issues. It was also pointed out in the said application that a similar application filed earlier was rejected by the trial Court in view of the law laid down in the Bombay High Courts decision in (Pramod M. Jhaveri & another v. Sukhdeo Ramratan & another) reported in A.I.R. 1977 Bombay 42.

(3.) Upon rejection of the said earlier application for reference to the competent authority under the Maharashtra Debt Relief Act, the defendants preferred a revision before the High Court; but the same was again rejected in view of the earlier decision of the Bombay High Court.