Section 20 in The Madhya Bharat Agricultural Debtor's Relief Act, 1956
20. Transfer of pending suits, appeals, applications and proceedings to the Board.
(1)All suits, appeals, applications for execution and proceedings, in respect of any debt pending in any civil or revenue court or in the Office of the Inspector or sub-inspector Co-operative Department shall, if they involve the question whether the person from whom such debt is due is a debtor, be transferred to the Board.(2)When an application for settlement of debts made to the Board under Section 4 or a statement submitted to the Board under Section 13 includes a debt in respect of which a suit, appeal, application for execution or proceeding liable to be transferred under sub-section (1) is pending before a civil or revenue court, or the Office of the Inspector or sub-inspector, Co-operative Department, the Board shall give notice thereof to such Court or Office. On receipt of such notice, such Court or Office shall transfer the suit, appeal, application or proceeding as the case may be, to the Board.(3)When any suit, appeal, application or proceeding is transferred to the Board under sub-section (1) of sub-section (2) the Board shall proceed as if an application under Section 4 had been made to it.(4)If the Board to which any suit, appeal, application or proceeding is transferred under sub-section (1) or sub-section (2) decides (that the person for the settlement of whose debts the application has been made is not debtor) it shall re-transfer the suit, appeal, application or proceeding to the Court or Office from which it had been transferred to itself after the disposal and subject to the result of the appeal where an appeal is filed, and after the expiry of the period, prescribed for an appeal where no appeal is filed.(5)When any suit, appeal, application or proceeding in re-transferred to the Court or Office under sub-section (4), the said Court or Office shall proceed with the same.(6)When such suit, appeal, application or proceeding involved the determination of any issue entirely unconnected with the settlement of debts the transfer of such suit, appeal, application or proceeding under this section shall not empower the Board to determine the said issue and the determination of such issue shall be made as if the transfer of suit, appeal, application or proceeding was not made under this section.(7)When any question arises regarding the validity of the transfer or re-transfer under this section of any suit, appeal, application or proceeding or if any question arises whether any issue is or is not entirely unconnected with the settlement of debts, the Court or Office before which such question arises, if it is not the District Court, may refer the question for decision to the District Court. If such question arises before the District Court, the District Court itself shall decide the same. The decision of the District Court in either case shall be final.
