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1943 DIGILAW 62 (CAL)

Barada Kanta Pal v. Saraswati Dase

1943-02-26

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JUDGMENT 1. On hearing the learned Advocates for the parties we make the Rule absolute in part. It is true that under sec. 20 of the Bengal Agricultural Debtors Act it is for the Debt Settlement Board to decide whether a liability amounts to a debt or not, but this question would arise only with regard to that part of the Plaintiff's claim which relates to the refund of the purchase money. It has no reference to the other part of the Plaintiff's case which prays for a decree for specific performance of the contract and which is not at all included and could not be included in the application for settlement of debt before the Debt Settlement Board. The result therefore is that we modify the order of the learned Subordinate Judge to this extent, viz., that the suit will proceed as a suit for specific performance of contract and consideration of that portion of the claim which relates to the refund of the purchase money and which is covered by Issue No. 5 in the suit will be stayed till the matter is decided by the Debt Settlement Board or the appellate officer. 2. We make no order as to costs.