YOGRAJ Vs. STATE

JUDGEMENT

(1.) LETTERS Patent Appeals Nos. 71 -D to 75 -D of 1950 are directed against the orders, dated the 27th of July 1960, made by a learned Single Judge of this Court, upholding the judgment, dated the 16th of March 1955, of the Tribunal, under the Displaced Persons (Debts Adjustment) Act, 1951 (Act No. LXX of 1951), hereinafter referred to as the Act, whereby the application made by the present Appellants under Section 5 of the Act was dismissed so far as it pertained to debts which the Appellants had incurred after the partition of the country.

(2.) CONNECTED with these Letters Patent Appeals are Messrs. Belt Ram Celly and Sons and Anr. v. Shri Barkat Rai Sarna etc. (Civil Revision application No. 69 -D of 1955) and Messrs. Belt Ram Celly and Sons and Ors. v. Shri Barkat Rai (Regular First Appeal No. 96 -D of 1955). It will be convenient to dispose of all these matters in the course of the following judgment. They arise in the following circumstances: 2. Barkat Rai, on the 22nd of February 1951, advanced a loan of Rs. 10,000/ - to five Appellants, who are brothers and partners of the firm Messrs. Beli Ram Celly and Sons. On the 12th of February, 1954, Barkat Rai instituted a suit in the Court of the Senior Sub Judge, Delhi, against them for the recovery of Rs. 10.625/ - in which issues were framed on the 5th of November 1954. On the 14th of January, 1955, the Appellants, who were Defendants in that suit, gave an application before the Senior Sub Judge, submitting that they had made an application under Section 5 of the Act before the Tribunal, duly constituted under the Act, and that proceedings before the Senior Sub Judge be stayed under Section 15 of the Act. The Senior Sub Judge rejected the application on the 1st of February 1955 and fixed 4th of February 1955 for evidence. An application was given on the 4th of February 1955, for review of this order but it was dismissed and on the basis of some evidence recorded the Senior Sub Judge on the same day decreed the Plaintiff's suit with costs and future interest from the date of the suit till realisation at the rate of Rs. 6/ - per cent per annum. It is this decree which gave rise to R.F.A. No 96 -D of 1955 by the firm. In the meantime, on the 7th of February 1955, the Defendants filed Civil Revision No. 69 -D of 1955 against the order, dated the 1st of February 1955, declining to stay the suit. This Civil Revision has, therefore, now merged in the Regular First Appeal.

(3.) THE Tribunal, before which the application was made under Section 5 of the Act, also proceeded to evidence. It was urged on behalf of the creditor Respondents, to whom the post partition liabilities were due, that these liabilities were not covered within the definition of debt as laid; down in Clause (6) of Section 2 of the Act and the application regarding such debt was not maintainable. This objection prevailed with the Tribunal and in consequence it dismissed the petition with, regard to those pecuniary liabilities which had been incurred subsequent to the partition of the country.