AB GHANI DAR Vs. GH MOHD MIR

JUDGEMENT

(1.) THIS revision arises out of a suit for recovery of a sum Rs.10,500/ - due on account of the advance made for the purchase of an orchard. The plaintiff has admitted in the plaint that the defendant is an agriculturist. In the preliminary objection filed by the defendant he has pleaded that the amount claimed satisfies the requirements of the debt as contemplated by the Distressed Debtors, Relief Act and as such the suit is liable to be transferred for disposal to the Debt Conciliation Board. The trial court has repelled the contention holding that the amount claimed does not fall within the puriview of debt as contempleted by the Distressed Debtors Relief Act and as such the case is triable by the Civil Court. In the case of Ghulam Rassol Vs. Ghulam Mohammad (1979 JKLR 673) this court has held that where a question arises whether the amount claimed is a deptor whether the person sued against is a deptor or whether the person claming the amount is a creditorâ„¢ in the sence contemplated by the Distressed Debtors Relief Act, then the matter should be referred to the Debt conciliation Board who shall determine this point and proceed with matter accordingly. As such the trial court ought to have referred the matter to Debt Conciliation Board concerned in order to enable it to determine the question and proceed in the case accordingly. In taking a contrary view the court has landed itself into an error. The impugned order is therefore liable to be set aside Allowing the revision petition. I hereby set aside the order and direct that the suit shall determine the question and proceed to deal with the matter in accordance with law.