Kariyaiah vs Puttathayamma and another

E.S. Venkataramiah, J.—An order declaring that the defendant in a suit is a debtor as defined in Section 3 (c) of the Karnataka Debt Relief Act, 1976 and consequently the debt advanced to him stood discharged by virtue of Section 4 (a) of that Act is a formal expression of an adjudication which, so far as the trial court is concerned, conclusively determines the rights of the parties with regard to the debt in question. It is therefore a decree as defined in Section 2 (2) of the Code of Civil Procedure. The fact that Section 4 (c) of the Act provides that all suits pending against any debtor for the recovery of any such debt shall abate does not in any way alter the true character of the order passed by the trial court holding that the debt stands discharged under the Act. In the instant case the trial court has held that the suit abates after holding that the defendant is a debtor. The plaintiff who is aggrieved by that order has to file an appeal u/s 96. Civil Procedure Code. This revision petition is not maintainable. It is rejected.