MADR Act 19अध्याय II · Procedure for Adjustment of Debts

धारा 19 · Transfer of pending suits, appeals, applications and proceedings to the Court

(1)

All suits, appeals, applications for execution and proceedings [including revisional proceedings pending before a District Judge under section 53 of the Dekkhan Agriculturists' Relief Act, 1879] [These words and figures were substituted for the words 'other than revisional' by Bombay 70 of 1948, Section 7(1).] in respect of any debt pending in any civil or revenue Court shall, if they involve the questions whether the persons from who/n such debt is due is a debtor and whether the total amount of debts due from him [* * *] [The words 'on the date of the application' were deleted by Bombay 70 of 1948.] exceeds Rs. 15,000, be transferred to the Court.

(2)

When an application for adjustment of debts made to a Court under section 4 or a statement submitted to a Court under section 14 includes, a debt in respect of which a suit, appeal, application for execution or proceeding [liable to be transferred under sub-section (1)] [These words, brackets and figure were substituted for the words 'other than revisional' by Bombay 70 of 1948, Section 7(2).] is pending before a civil or revenue court, the Court shall give notice thereof to such other court. On receipt of such notice, such other court shall transfer the suit, appeal, application or proceeding, as the case may be, to the Court.

(3)

When any suit, appeal, application or proceeding is transferred to the Court under sub-section (1) or sub-section (2), the Court shall proceed as if an application under section 4 had been made to it.

(4)

If the Court, to which any suit, appeal, application or proceeding is transferred under sub-section (1) or sub-section (2), decides the preliminary issue mentioned in clause (a) of sub-section (1) of section 17 in the negative or that mentioned in clause (b) of the said sub-section (1) in the affirmative, it shall retransfer the suit, appeal, application or proceeding to the court from which it had been transferred to itself after the disposal and subject to the result of the appeal where an appeal is filed, and after the expiry of the period prescribed for an appeal where no appeal is filed.

(5)

When any suit, appeal, application or proceeding is retransferred to the court under sub-section (4), the said court shall proceed with the same.

(6)

[ When such suit, appeal, application or proceeding involves the determination of any issue entirely unconnected with the adjustment of debts, the transfer of such suit, appeal, application or proceeding under this section shall not empower the Court to determine the said issue and the determination of such issue shall be made as if the transfer of the suit, appeal, application or proceeding was not made under this section.

(7)

When any question arises regarding the validity of the transfer or retransfer under this section of any suit, appeal, application or proceeding or if any question arises whether any issue is or is not entirely unconnected with the adjustment of debts, the Court before which such question arises, if it is not the District Court, may refer the question for decision of the District Court. If such question arises before the District Court, the District Court itself shall decide the same. The decision of the District Court in either case shall be final.] [Sub-sections (6) and (7) were added by Bombay 70 of 1948, Section 7(3).]

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