HARDAYAL Vs. MANGILAL

JUDGEMENT

(1.) RANAWAT, J. has made the above reference to this Bench for decision of the point: - "whether sec. 15 of the Bombay Agricultural Debtors Relief Ait extinguishes such debts as came into existence after the coming into force of the Act and during the period prescribed under sec. 4 for making application for the adjustment of debts. "

(2.) THE relevant facts are that the plaintiff-petitioner filed a suit against Mangilal and Santokdas defendants-opposite party to the application on the basis of a Khata dated the 21st of June, 1956. THE trial court dismissed the suit on the ground that the plaintiff had failed to make an application under sec. 4 of the Bombay Agricultural Debtors Relief Act (No. 28 of 1947) which was applied to Ajmer with adaptations by Notification of the Ministry of Home Affairs dated the 5th of July, 1949 and that as a result of the failure on the part of the plaintiff to apply under that section the debt became extinguished within the provisions of sec. 15 of the Act.