Harnam Singh, J. - (1.) In order to appreciate the point of law that arises in Civil Revision No. 363 of 1952, the facts of the case may be set out in some detail.
(2.) On 21-1-1950, the Central Bank of India, Limited, Hissar, instituted Civil Suit No. 7 or 1950 for the recovery of rupees 62,176-14-8 from Messrs. Sulakhan Singh Seth Mul Chand.
(3.) In the written statement the defendants pleaded 'inter alia' that the rules given in a 17, Displaced Persons (Debts Adjustment) Act, 1951, hereinafter referred to as the Act, should regulate the rights and liabilities of the plaintiff-bank and the defendants. On 2-1-1952, the Court of first instance fixed issues arising under Section 17 of the Act. On 14-10-1952, basing himself upon the decision given in -' Messrs. Banka Mal Narinjan Das v. Central Bank of India Ltd.', AIR 1952 Punj 400 (A), the Senior Subordinate Judge, Hissar, ordered: "In view of the decision of the Punjab High Court reported as 'AIR 1952 Punj 400 (A)' on the point of applicability of Section 17 of Act 70, the intermediary issues framed on 2-1-1952, have become redundant and are, therefore, struck off.";