Jarnail Singh vs Jarnail Singh (2024:Rj-Jd:38831)
2024 Latest Caselaw 8206 Raj

Rajasthan High Court - Jodhpur

Jarnail Singh vs Jarnail Singh (2024:Rj-Jd:38831) on 19 September, 2024

Author: Rekha Borana

Bench: Rekha Borana

[2024:RJ-JD:38831]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Writ Petition No. 3667/2022

Jarnail Singh S/o Late Sh. Niranjan Singh, Aged About 58 Years,
R/o Village Hansliya, Tehsil Pilibanga, District Hanumangarh.
                                                                             ----Petitioner
                                          Versus
Jarnail Singh S/o Sh. Jangir Singh, R/o Dabli Rathan, Tehsil And
District Hanumangarh.
                                                                           ----Respondent


For Petitioner(s)               :     Mr. Hamir Singh Sidhu
For Respondent(s)               :     Mr. Vipin Makkad



              HON'BLE MS. JUSTICE REKHA BORANA

Order

19/09/2024

1. The present writ petition has been preferred against the

order dated 28.05.2018 (Annex.P/7) passed by Senior Civil Judge

and Debt Relief Court, Hanumangarh in application No.02/2018

(CIS No.02/2018) whereby the learned Debt Relief Court accepted

the application under Section 6 of the Rajasthan Relief of

Agricultural Indebtedness Act, 1957 as preferred on behalf of the

applicant and directed the defendant to pay the due amount in

four equal installments.

2. Learned counsel for the petitioner submits that the petitioner

is ready and willing to waive his challenge to the liability as

imposed by the learned Debt Relief Court. However, he prays that

in terms of the judgment passed in Civil Writ Petition

No.3524/2008 decided on 04.07.2011, the capacity of the

peitioner-debtor to pay the debt be directed to be evaluated and

thereafter, installments be fixed.

[2024:RJ-JD:38831] (2 of 2) [CW-3667/2022]

3. Learned counsel for the respondent does not object to the

said proposal rather admits the same.

4. In view of the submissions made, the present writ petition is

allowed to the extent that the capacity of the debtor to pay the

debt determined be evaluated and thereafter, installments be fixed

and for this purpose, the matter is remanded to the learned Debt

Relief Court for determination of the income and the capacity of

the debtor and only thereafter the settlement on the manner of

the payment of debt determined be fixed.

5. The learned Debt Relief Court shall not be under an

obligation to issue fresh notices to any of the parties and both the

parties shall remain present before the Debt Relief Court on

07.10.2024.

6. The decision, whatsoever, be taken within a period of three

months from 07.10.2024.

7. Stay petition and all pending applications, if any, stand

disposed of.

(REKHA BORANA),J 138-T.Singh/-

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