Section 8(3) in The Evacuee Interest (Separation) Act, 1951
(3)If there is any dispute as to whether a liability is a mortgage debt or not or whether any claim submitted under section 7 exists, the competent officer shall decide such dispute: Provided that a decree of a Civil Court (other than an ex- parte decree passed after the 14th day of August, 1947 ) shall, subject to the provisions of sections 9 and 10, be binding on the competent officer in respect of any matter which has been finally decided by such decree; and where any matter was decided by an ex- parte decree passed by a Civil Court after the 14th day of August, 1947 , the competent officer may decide such matter afresh and on such decision being made, the ex- parte decree shall be deemed to have no effect.
