B. RAM REDDY Vs. MUTHIAH AND OTHERS

JUDGEMENT

(1.) The petitioner, who is a 'debtor' within the meaning of section 2 (6) of the Hyderabad Agricultural Debtors' Relief Act, 1956,(hereafter referred to as the Act), filed an application for the adjustment of his debts before the Subordinate Judge, Sangareddy. He made ail his creditors respondents to the application. While the petition was pending before the Subordinate Judge,Subordinate Judge's Court, Sangareddy, was abolished and it would appear that on 31st March, 1960 the said application was transferred to the file of the District Court, Medak, at Sangareddy and numbered as O.P No.8 of 1960. On an application made by one of the creditors (I.A. No. 40 of 1960 in O.P. No. 8 of 1960), the District Judge, by his order dated 16th April 1960, directed the petitioner to deposit with the court a sum of Rs. 500.00 on or before 21st April, 1960, to enable the decree-holders to reap the benefit of their decrees at least to a small extent, during the pendency of the application filed by the petitioner under the Act. The petitioner did not, and according to him, could not, comply with the order. So the learned District Judge, by his order dated 21st April 1960, directed the arrest of the petitioner with a view to enforce the earlier order made by him. This revision petition is directed against that order.

(2.) Two submissions were made on behalf of the petitioner:

(3.) As I am satisfied that the first point taken by the petitioner must prevail, is not necessary to consider the second point made on behalf of the petitioner; in fact, neither the learned Government Pleader, to whom I specially directed notice, nor the learned advocate for one of the creditors, has been able to meet the first point According to the scheme of the Act, the forum before which an application under section 4 for the adjustment of debts can be made, is the 'Court' designated by sub-section (4) of section 2 of the Act which provides: