GOKUL Vs. RAM VILAS

JUDGEMENT

(1.) THIS is a revision application by an agriculturist defendant against an order of the Civil Judge Chittorgarh refusing to stay proceedings in the civil suit pending before him under sec. 6 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 (hereinafter referred to as the Act ).

(2.) THE suit was instituted in the court of the Civil Judge on 24. 5. 59. Issues were framed on 6. 8. 59. THE evidence of the plaintiff had been recorded and the evidence of the defendant was to be recorded on 17. 12. 59, when intimation was received from the Debt Relief Court under sec. 6 (3) of the Act intimating that be had filed an application under sub-sec. (1) of sec. 6 before it. When this intimation was received by the learned Civil Judge the defendant prayed that further proceedings in the civil suit should be stayed as provided in sec. 6 (3 ). THE learned Civil Judge however refused to stay the proceedings on the ground that they could only be stayed if an application had been made before issues had been framed.