AB GHANI DAR Vs. GH MOHD MIR
HIGH COURT OF JAMMU AND KASHMIR
Ab Ghani Dar
Gh Mohd Mir
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(1.) THIS revision arises out of a suit for recovery of a sum Rs.10,500/ - due
on account of the advance made for the purchase of an orchard. The
plaintiff has admitted in the plaint that the defendant is an
agriculturist. In the preliminary objection filed by the defendant he has
pleaded that the amount claimed satisfies the requirements of the debt as
contemplated by the Distressed Debtors, Relief Act and as such the suit
is liable to be transferred for disposal to the Debt Conciliation Board.
The trial court has repelled the contention holding that the amount
claimed does not fall within the puriview of debt as contempleted by the
Distressed Debtors Relief Act and as such the case is triable by the
Civil Court. In the case of Ghulam Rassol Vs. Ghulam Mohammad (1979 JKLR
673) this court has held that where a question arises whether the amount claimed is a deptor whether the person sued against is a deptor or
whether the person claming the amount is a creditorâ„¢ in the sence
contemplated by the Distressed Debtors Relief Act, then the matter should
be referred to the Debt conciliation Board who shall determine this point
and proceed with matter accordingly. As such the trial court ought to
have referred the matter to Debt Conciliation Board concerned in order to
enable it to determine the question and proceed in the case accordingly.
In taking a contrary view the court has landed itself into an error. The
impugned order is therefore liable to be set aside Allowing the revision
petition. I hereby set aside the order and direct that the suit shall
determine the question and proceed to deal with the matter in accordance
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