APAR Act 19Aअध्याय 4 · Procedure and Miscellaneous

धारा 19A · Application for the determination of the amount of debt due

(1)

Where any debt incurred before the 22nd March 1938, other than a decree debt, is due by any person who claims that he was an agriculturist both on that date and on the 1st October 1937, the debtor or the creditor may apply to the court having jurisdiction for a declaration of the amount of the debt due by the debtor on the date of the application:Provided that no such application shall be presented or be maintainable if a suit for the recovery of the debt is pending Explanation (1) The court having jurisdiction under this section shall be the court which would have jurisdiction to entertain a suit for the recovery of the debt as unscaled.

(2)

The provisions of sub section (1) shall apply also to any person claiming to be such an agriculturist, who contends that any such debt due by him has been discharged

(3)

All persons who would have been necessary parties to a suit for the recovery of the debt shall be impleaded as parties to the application under sub section (1) or under that sub section read with sub section (2).

(4)

(a)

When any such application is made, the Court shall first decide whether the debtor was such an agriculturist or not, and if it finds that he was such an agriculturist, pass an order declaring the amount due by him or declaring that the debt has been discharged, as the case may be.

(b)

The Court shall dismiss the application if it finds that the debtor was not such an agriculturist.

(5)

At any time after passing an order under clause (a) of sub section (4), the Court shall on payment by the creditor of the court fee payable on a suit for the amount declared due to him, grant a decree to the creditor for such amount;Provided that the creditor may on his application be granted a decree for an amount less than that declared due to him on paying the appropriate court fee.

(6)

The Court may order that the court fee, if any, paid by the creditor under sub section (5) shall be paid by the debtor in addition to the amount decreed.

(7)

If the debtor pays into the Court the amount declared to be due under clause (a) of sub section (4) or the amount of decree granted under sub section (5) together with the costs, if any, ordered to be paid under sub section (6), the Court shall grant to the debtor a certificate that the debt has been discharged.

(8)

The procedure laid down in the Code of Civil Procedure, 1908, for the trial of suits, shall as far as may be, apply to applications under the section.

(9)

No court shall entertain a suit by the creditor for the recovery of a debt.

(i)

if an application has been made under sub section (1) in respect of such debt to a court having jurisdiction and is pending in such court; or

(ii)

if a court having jurisdiction has passed an order under clause (a) of sub section (4) in respect of such debt.

(10)

In computing the period of limitation prescribed for a suit by the creditor for the recovery of a debt, the time, if any, during such which the Court was prevented from entertaining the suit by virtue of the provision contained in clause (i) of sub section (9) shall be excluded.

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