GANESH MAL Vs. MAGAN RAJ

JUDGEMENT

(1.) THIS appeal of judgment-debtor Ganesh Lal is directed against the order of the learned Additional District Judge, Sirohi, dated January 19, 1974, whereby two applications of judgment-debtor, one filed on 4th December, 1973, and the other on 18th December, 1973, were dismissed by the executing Court.

(2.) THE facts giving rise to this appeal may, in nutshell, be summarised as follows - Decree-holder-respondent Magan Raj obtained a decree from the Court of Civil Judge, on 21st October, 1967 In the execution proceedings, the judgment debtor took a plea that he was an agriculturist ; but that plea was rejected by the executing Court. It appears that the house belonging to the judgment-debtor was got attached by Magan Raj, decree-holder, and in that connection an application was filed on 18th December, 1973 by the judgment debtor that the house attached was exempted from attachment under the provisions of sec. 60 of the Code of Civil Procedure because it was a residential house of an agriculturist. Another objection raised by the judgment-debtor vide his application dated 4th December, 1973 was that no claim was filed by Maganraj to get his debt determined in a proceeding taken by Himmat Mal, another creditor of Ganeshmal, under sec. 6 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 (hereinafter to be referred to as the Act) and, therefore, the debt of the decree holder against the judgment-debtor should be taken to have been discharged under sec. 8 of the Act. Both these objections were rejected by the executing Court by the impugned order under appeal.

(3.) AFTER complying with the requirements of Sec. 7, Sec. 8 would come into operation, which reads as follows : - "sec. 8 (1) - On or before the date fixed for the hearing of the creditors under sec. 7 which shall not be earlier than two months from the date of service of notice or of the issue of proclamation under O. V, r. 20 of the First Schedule to the Code of Civil Procedure, 1908 (Central Act V of 1908), every creditor shall Mibmif a statement of his claim signed and verified in the manner prescribed by O, VI, r. 15, of the First Schedule to the said Code. Such statement shall be submitted in person, by an agent, by a pleader or by registered post and every claim not so submitted shall be deemed for all purposes and all occasions to have been discharged as against such debtor or debtors. "