YASHWANTLAL DHIRAJLAL CHOTAI Vs. JAGANNATH MARUTI BHUSARI

JUDGEMENT

(1.) THIS revision application is directed against the order dated November 28, 1975 holding that the present applicant -defendant No. 2 was not a debtor of the plaintiff (non -applicant No. 1), within the meaning of that expression in the Maharashtra Debt. Relief Act, 1975, and rejecting his application praying for his discharge from the liability said to be outstanding against him and for releasing the mortgaged property.

(2.) NON -applicant No. 1 (hereinafter referred to as the plaintiff) had filed a suit for recovery of the amount due on the basis of the two mortgage -deeds from the present applicant and non -applicant No. 2 who was defendant No. 1 in the trial Court and in default praying that the mortgaged property be foreclosed.

(3.) THE applicant moved an application before the trial Court alleging that he was entitled to have a declaration that the debt outstanding against him on the appointed day, under the Debt Relief Act, for which the plaintiff had filed the suit was discharged. He prayed that it should be declared that debt was discharged and that the mortgaged property stood released in consequence of the discharge of the debt. In substance, he prayed that the suit of the plaintiff against him be dismissed.