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1958 Supreme(Bom) 40

Y.V.DIXIT, N.M.MIABHOY
Shankar Sadu Kamathe – Appellant
Versus
Chunilal Rupchand Dakale and another – Respondent


from the decision of Second Extra Asst. J., Poona, D/- 23-12-1954. Poona, who, on 10-7-1956, allowed the appeal and dismissed the application made by the petitioner for adjustment of his debts. Feeling aggrieved by the appellate order, the debtor has come up on this revisional application, and the point taken on his behalf by his learned Advocate, Mr. N. D. Dange, is that the Court below was wrong in holding that the application presented in the Court of the Civil Judge, Junior Division, Poona, was barred by limitation.

(2) In order to appreciate the contention raised, it is necessary to refer to some of the provisions of the Act. Section 2 (4) defines a "debt." Section 2 (5) defines the expression "debtor." Section 4 (1) provides :

Any debtor ordinarily residing in any local area for which a Board was established under Section 4 of the repealed Act on or after the 1st February, 1947, or his creditor may make an application before 1-8-1947 to the Court for the adjustment of his debts."

The requirements of Sec. 4 (1), therefore, are (1) a debtor must ordinarily reside in any local area for which a Board was established under Sec. 4 of the repealed Act; (2) the Board must have been esta















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