DIDAR SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) JUDGEMENT :- This is an appeal under Clause 12 of the Letters Patent for setting aside the judgement dated 4th June, 1987 passed by the learned single Judge of this Court whereby C.M.P. No. 259/87 was dismissed.

(2.) It appears that defendant had filed an application for framing of an additional issue which according to the defendant should have been framed in the following manner : "Whether defendant No. 1 is a debtor and agriculturist and as such this Court has no jurisdiction to decide the question" ?

(3.) This application was resisted before the learned single Judge and the learned single Judge relying on Section 2(1) of the J. and K. Debtors Relief Act of 1976 dismissed the application of the defendant for framing an additional issue and held that the lis pending before it was not covered by the Debtors Relief Act of 1976, therefore framing of issue was not required.