DEVILAL DANGI Vs. VARDA DANGI

JUDGEMENT

(1.) This revision petition has been filed by the defendant against the order dated 26.08.2015 in Case No. 1/14 DRC - Varda Dangi Vs. Devilal Dangi, by which the learned trial court of Senior Civil Judge, Udaipur, has rejected the application under Order 7 Rule 11 CPC filed by him in a suit filed by respondent -Varda Dangi in the Debt Relief Court under the Rajasthan Relief of Agricultural Indebtedness Act, 1957 (hereinafter referred to as 'the Act').

(2.) The relevant reasons given by the learned trial court in the order dated 26.08.2015 are quoted below for ready reference: -

(3.) Learned counsel for the defendant -petitioner, Mr. Rajesh Shah submitted that the defendant is not even an agriculturist and he is working as a driver, and therefore, he is not covered by the ambit and scope of the Act, which defines the word 'debtor' in Sec. 2(cc) of the Act to mean, an agriculturist, or a member of Scheduled Caste or a Scheduled Tribe, who is liable for debts aggregating to one hundred rupees or more. He also drew attention of this Court towards Ss. 4 and 6 of the Act. Learned counsel prayed that Sec. 4 of the said Act provides for certain types of cases to which this Act does not apply and any liability arising out of a breach of trust would be covered by Sec. 4 of the said Act. He further submitted that as per Sec. 6 of the Act, the application to Debt Relief Court can be filed by the debtor (agriculturist or a person belonging to Scheduled Caste or Scheduled Tribe) for determination of the debts by the Debt Relief Court having jurisdiction in the area, in which he ordinary resides. Sub -section (2) of Sec. 6 of the said Act however, provides that such an application praying for the determination of the debts, outstanding against a debtor may also be filed by his creditor or his surety, whether such debtor is liable for such debts individually or jointly with another person.