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1965 Supreme(Ker) 247

V.P.GOPALAN NAMBIYAR, T.S.KRISHNAMOORTHY IYER, M.S.MENON
V. K. Balakrishnan – Appellant
Versus
Asoka Bank Ltd. . – Respondent


Judgment :-

1. The Civil Revision Petition which raises the question whether an agriculturist debtor can claim relief under S.15 to 18 of Act 31 of 1958 in respect of debts incurred by him after the commencement of the Act, has been referred to the Full Bench by Vaidialingam, J. The answer to the question depends primarily on an interpretation of S.15 and 18 of the Act.

2. The contention of the learned advocate for the first counter-petitioner 'is that in view of S.15 and the definition of 'debt' in S.2(c) of the Act, the settlement of "liabilities" by court under S.18 on an application filed under S.15(1) of the Act must be confined to debts incurred before the date of commencement of the Act. In support of this proposition the learned counsel cited the following observation from the decision in Balakrishnan Nair v. Mohammed Kunju,1964 KLT. 12.

"S. 15(3), which provides that "the amount and other particulars of all claims against him (the debtor) at the commencement of this Act, together with the name, address and residence of his creditors" should be included in the petition, seems to indicate that the liabilities incurred after the commencement of the Act are to be excluded in pro

























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