S.S.DULAT, S.B.CAPOOR, P.C.PANDIT
Ram Lal Jain – Appellant
Versus
Central Bank Of India Ltd. , Bombay – Respondent
S.B.Capoor, J.
1. The short question for decision in this Letters Patent Appeal against the judgment of a learned Single Judge of this Court, which has been referred to the Full Bench by the learned Judges constituting the Letters Patent Bench, is whether a petition by a displaced person to be compensated in damages for the alleged loss of the goods pledged by him as security for loans advanced by a bank in a cash credit account is maintainable as relating to a "debt" under the Displaced Pet sons (Debts Adjustment) Act, 1951 (Act No. LXX of 1951), hereinafter to be referred to as the Act.
2. The Act came into force in the State of Punjab on the 10th December. 1951. Under Section 13 of the Act, displaced creditors could file claims against persons who are not displaced debtors at any time within one year after the date of the coming into force of the Act in any local area. On the 9th December. 1952, Ram Lal appellant instituted an application before the Tribunal, constituted under the Act, at Jullundur under Section 13 of the Act alleging that he was a displaced person from Kasur, District Lahore, now in West Pakistan, and before the partition of the country had stocked 200
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