AIR 1965 GUJARAT 275 ::(1964) 5 GujLR 988 ::ILR (1964) Guj 1064

Gujarat High Court

Hon'ble Judge(s): N. M. Miabhoy, J. B. Mehta , JJ

(A) Bombay Agricultural Debtors Relief Act (28 of 1947) , S.4, S.2(4), S.46— Civil P.C. (5 of 1908) , S.141, O.22 R.1— Succession Act (39 of 1925) , S.306— Debt Laws - Application u/S.4 by deceased debtor can be continued by heirs. The heirs of deceased debtor can continue the application for adjustment of debts made under S. 4 by the deceased debtor.(Para 5) Section 46 of the Act makes the provisions of the; Civil Procedure Code, 1908, applicable to all proceedings under the Act, in absence of any express provision to the contrary. Under Section 141 of the Code, such an application under Section 4 would be an original proceeding and the procedure for suits will be applicable to such a proceeding. Under O. 22 R. 1 of the Code, a suit shall not abate if the right to sue survives. The right to continue such a special proceeding for securing adjustment of the debt would, clearly survive on the analogy of Sec. 306 of the Indian Succession Act as such a relief in the matter of debts could be obviously enjoyed and would not become nugatory.(Para 4) (B) Bombay Agricultural Debtors Relief Act (28 of 1947) , S.4, S.2(6)— Saurashtra Agricultural Debtors Relief Act (23 of 1954) , S.4— Debt Laws - Usufructuary mortgage - No personal liability clause - Heirs of mor....