CHAGLA, C.J.:- The plaintiff filed a summary suit in this Court against the defendant on 8-4-1952. On 6-5-1952, the defendant made an application under S.5 of the Displaced Persons (Debts Adjustment) Act to the Tribunal in Delhi who is the Senior Sub-Judge there.

On 30-9-1953, the plaintiff took out a summons for judgment and in his affidavit in reply the defendant contended that inasmuch as he had made an application under S.5, the suit pending before the Court was liable to be stayed under S.15(a). Mr. Justice Tendolkar gave unconditional leave to the defendant to defend for the purpose of having the following issue determined:

"Whether this Court has jurisdiction to determine whether the defendant is a displaced person and whether the claim in suit is a debt within the meaning of those words in the Displaced Persons (Debts Adjustment) Act?"

The learned Judge also expressed an opinion that inasmuch as there were conflicting decisions of single Judges on this question, the matter should be referred to a Division Bench. Thereupon this matter has been referred to this Bench.

2. The Displaced Persons (Debts Adjustment) Act (70 of 1951) is an Act passed by Parliament setting up a