KHETPAL Vs. BHURARAM

JUDGEMENT

(1.) THIS is a writ application by two persons namely Khetpal and Nanniram under Art. 226 and 227 of the Constitution of India.

(2.) THE facts giving rise to it are that the non-petitioner No. 1 Bhuraram presented an application to the Debt Relief Court namely the Court of Civil Judge, Ganganagar under sec. 6 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957, which will hereinafter be referred to as 'the Act. ' In the said application both the petitioners were mentioned as creditors. THE Debt Relief Court proceeded ex-parte against the petitioners and on 15. 2. 1961, it passed an order that the debts due to the petitioners would stand discharged since no claims were filed by them within the prescribed period as required by sec. 8 sub-sec. (1) of the Act. Against this order, both the petitioners filed review application in the same Court and it was urged that the notices were not served upon them according to law. THEir application was contested on the ground that it was beyond limitation and also another points. It was held by the Court that the review application was within limitation but on other grounds, it was dismissed on 20th December, 1961. THE petitioners then filed a revision application in the Court of the learned District Judge, Ganganagar. THE opposite party raised a preliminary objection to the effect that the revision application against the order passed in review application was not maintainable under sec. 17 of the Act. This argument found favour with the learned District Judge and he dismissed the application on this ground alone. It is this order of the learned District Judge dated 28th August, 1962 which is sought to be impugned by this writ application.