Section 6 in Rajasthan Relief of Agricultural Indebtedness Act, 1957
6. [Application to Debt Relief Court. [Substituted vide section 5 of Rajasthan Act No. 9 of 1962 (Published in Rajasthan Gazette, part IV-A, Ex-ord. dated 23.4.1962.]
(1) Any debtor who is liable for debts individually or jointly with another person, may file an application before the Debt Relief Court having jurisdiction in the area in which he ordinarily resides or earns his liVelihood praying for the determination of his debts.(2)Such an application praying for the determination of the debts, outstanding against a debtor, may also be filed by his creditor or his surety, whether such debtor is liable for such debts individually or jointly with another person.(3)Every application under sub-section (1) or sub-section (2) shall be signed and verified in accordance with order VI, rule 15, of the first Schedule to the Code of Civil Procedure, 1908 (Central Act V of 1908) and shall contain the following particulars, namely:(a)a statement that the debtor Is an agriculturist or a member of a Scheduled Caste or a Scheduled Tribe.(b)the place where the normally resides,(c)a statement of all his debts outstanding against him, including those referred to in section 4, as nearly as may be ascertainable and the names and addresses of his creditors,(d)a statement of all his property, including claims due to him. together with a specification of the value of his property and the place or places at which any such property is to be found, and(e)such other particulars, as may be prescribed;(4)In cases covered by clause (ii) of sub-section (1) of section 5. all applications pending before Debt Relief Courts at the commencement of the Rajasthan Relief of Agricultural Indebtedness (Amendment) Ordinance, 1961 (Ordinance No. 7 of 1961), shall continue and be deemed to have been presented under this section.(5)All applications pending before Debt Relief Courts at the commencement of the Rajasthan Relief of Agricultural Indebtedness (Amendment) Ordinance, 1961 (Ordinance No. 7 of 1961), shall continue and be deemed to have been presented under this section.(6)The suit or insolvency petition in which proceeding may have been stayed under clause (ii) of sub-section (1) of section 5 shall abate(i)if no such application as is referred to in sub-section (4) is filed, or(ii)if such an application is admitted and notice of such admission has been received by the court concerned.(7)If such an application is rejected, the debtor shall not be entitled to file another application in any Debt Relief Court and any proceedings stayed under sub-section (1) of section 5 shall be resumed.]
