RAJENDRA BHATI Vs. BABULAL TARACHAND AND CO

JUDGEMENT

(1.) The petitioner in this revision application has impugned the judgment and order of the learned Judge of the Bombay City Civil Court of the 17th April, 1980 wherein the plea of the petitioner that he was a debtor within the meaning of the Maharashtra Debt Relief Act, 1975 (Act No. III of 1976), was rejected.

(2.) Before dealing with the rival contentions of learned Advocates, it will be pertinent to set out briefly a few facts. The respondent (who will hereinafter be refereed to as the plaintiff ) filed a summary suit in the Bombay City Civil Court at Bombay against the present petitioner (who will hereinafter be referred to as the defendant ) for the recovery of a sum of Rs. 5,000/- together with interest and costs. The plaintiff took out a summons for judgment in that suit against the defendant on 16-4-1975. After hearing the parties the learned Judge was pleased to grant conditional leave on the defendant depositing a sum of Rs. 3,500/- on or before 3-7-1975. On the defendant failing to deposit the said amount as per the order, an ex-parte decree was passed against him on 16-10-1975.

(3.) The Maharashtra Debt Relief Ordinance, 1975, was passed on 27-8-1975. On 20-10-1975 the defendant took out a chamber summons in the Bombay City Civil Court praying that he be given the benefit of the said ordinance and that he be declared as a debtor as defined under the said ordinance. On 19-12-1975 the defendants chamber summons was dismissed for default of appearance.