LAWS(J&K)-1958-8-2

KARIM NABU Vs. GH MOHD ZARGAR

Decided On August 12, 1958
Karim Nabu Appellant
V/S
Gh Mohd Zargar Respondents

JUDGEMENT

(1.) THIS is a revision application directed against the order of the City Judge Srinagar holding that the defendant was not a distressed debtor under the Distressed Debtors Relief Act. This revision application came up for hearing before a Single Judge of this Court And it was referred to a Division Bench on the ground that an important question of law was involved in it.

(2.) THE sole question for consideration in this application is whether the debtor claiming benefit under the Distressed Debtors Relief Act should have the status of a distressed debtor within four months from the date of the constitution of the Board or whether he should be a distressed debtor at the time of the suit.

(3.) THE counsel for the petitioner argued that the debtors should show that he was a distressed debtor within four months from the date the Board was constituted and not at the time of the suit. Our attention has been drawn to S, 4 of the Distressed Debtors Relief Act which reads as under :