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1963 Supreme(SC) 261

P.B.GAJENDRAGADKAR, J.R.MUDHOLKAR, K.N.WANCHOO, K.SUBBA RAO, N.RAJAGOPALA AYYANGAR
State Of Punjab – Appellant
Versus
Okara Grain Buyers Syndicate LTD. , Okara: Firm Pucca Arhtia Association, Jalalpur Bed Wala: Pucca Arhtia Association, Dinapur: Pucca Arhtia Association, Keror Pucca Multan: Hakam Rai Bhagwan Das Of Dinapur: Pucca Arhtia Association. Lodhran: Pucca Arht – Respondent


Advocates:
B.P.MAHESHVARI, Daulat Ram Prem, K.K.JAIN, N.S.BINDRA, R.N.SACH, S.K.KAPOOR, S.M.Sikri, SARDAR BAHADUR SAHARYA

Judgment

AYYANGAR, J.: Section 13 of the Displaced Persons (Debts Adjustment) Act, 12951 (Central Act LXX of 1951) which will be referred to hereafter as the Act, enacts:

"13. Claims by displaced creditors against persons who are not displaced debtors.-At any time within one year after the date on which this Act comes into force in any local area, any displaced creditor claiming a debt from any other person who is not a displaced person may make an application, in such form as may be prescribed, to the Tribunal within the local limits of whose jurisdiction he or the respondent or, if there are more respondents than one, any of such respondents, actually and voluntarily resides, or carries on business or personally works for gain, together with a statement of the debt owing to him with full particulars thereof.

2. The respondents in each of these 13 appeals, which have been consolidated for hearing are "displaced creditors and the point arising for decision in them is whether they could make a claim under this provision against the State of Punjab. A petition claiming such relief was filed by the respondent in Civil Appeal 439 of 1961 before the Subordinate Judge, Amritsar who was















































































































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