Section 8 in The M.P. Anusuchit Jati Tatha Anusuchit Jan Jati (Rinisahayata) Adhiniyam, 1967
8. Application by Creditor to Debt Relief Court.
(1)As from the appointed date, every creditor shall file a separate application in respect of each of his debtor praying for the determination of the debts due to him along with three spare copies thereof before such Debt Relief Court as may be specified by the State Government by notification in this behalf.(2)The application under sub-section (1) may be filed in person or by duly authorised agent or by registered post acknowledgement due. Such application shall contain the particulars specified in sub-section (7) and shall notwithstanding anything contained in the Limitation Act, 1963 (6 of 1963), be filed within sixty days of the establishment of the Debt Relief Court concerned :Provided that in any Scheduled Area where a Debt Relief Court was established before the appointed date, the period of sixty days for filing application in respect of debts which have come into existence during the period between the date of commencement of the Regulations and the appointed date, shall be counted from the appointed date :[Provided further that in any area where a Debt Relief Court was established before the date appointed under sub-section (4) of Section 1, the period of sixty days for filing application in respect of debts owed by a member of Scheduled Caste shall be counted from the aforesaid date.] [Inserted by M.P. Act No. 33 of 1972.](3)Notwithstanding the provisions of sub-sections (1) and (2), a debtor may apply to the Debt Relief Court within whose jurisdiction he owns land, ordinarily resides or earns his livelihood within sixty days of the establishment of the said Court, for the determination of the establishment of the said Court, for the determination of his debts giving out the names and full addresses of all his creditors and on receipt of such application the Court shall issue notice in the prescribed form to each creditor named therein that in case he failed to submit an application as required by sub-section (1) in respect of the said debtor within thirty days from the date of the notice, all debts due to him from the said debtor shall stand discharged :[Provided that in any area where a Debt Relief Court was established before the date appointed under sub-section (4) of Section 1, the period of sixty days for filing an application by a debtor belonging to Scheduled Caste shall be counted from the aforesaid date.] [Inserted by M.P. Act No. 33 of 1972.](4)Every claim of a creditor against his debtor which is not submitted within the time specified in sub-section (2) or sub-section (3) shall be deemed for all purposes and all occasions to have been discharged against the debtor:Provided that if a creditor files an application within a further period of thirty days from the date on which [the period of sixty days specified in sub-section (3)] [Substituted by M.P. Act No. 33 of 1972.], had expired and satisfies the Debt Relief Court that he was for good and sufficient cause unable to file the same within the period specified, the Court may on such terms and conditions as it may deem fit, revive the claim.(5)Every creditor shall, along with the application filed under sub-section (1) produce the documents in his possession or control on which he bases his claim and a full and true statement of accounts of all previous transactions between him and his debtor leading to the claim and his account books or copies thereof, if any, in his possession or control :Provided that where in a claim pending before the Debt Relief Court on the appointed date in a Scheduled Area the creditor has not produced the aforesaid documents alongwith his application for determination of debt, he may, within the period of fifteen days from such date, or within such further period as the Court may allow, produce such documents.(6)If any creditor fails to produce the documents, statement of accounts, his account books or copies thereof in accordance with the provisions of sub-section (5), the Debt Relief Court may dismiss the application and declare such claims to be discharged for all purposes and all occasions against such debtor.[(6-A) Whenever claim of creditor shall be deemed to have been or is discharged under sub-section (4), or sub-section (6), as the case may be the Debt Relief Court shall, in case the debt is secured by mortgage of or charge upon any immovable property of a debtor or by pawn or pledge of any movable property of the debtor, pass an order against the creditor for redelivery of immovable property or, as the case may be, for return of movable property pawned or pledged, and if for any reason the security is lost or deteriorates or is destroyed, for payment to debtor of money value thereof and the said Court, shall, without prejudice to exercise of any power under Section 11 be entitled to pass such other incidental orders, including an order for payment of mesne profits, reasonable interest and costs, as it may having regard to the circumstances of the case, deem fit.] [Inserted by M.P. Act No. 23 of 1984.](7)Every application to be submitted to a Debt Relief Court under sub-section (2) shall contain the following particulars and shall be signed and verified by the creditor in accordance with Order VI, Rule 15 of the Code of Civil Procedure, 1908 (V of 1908)-(a)a statement that the debtor is a member of Scheduled Caste or Scheduled Tribe, as the case may be, and the creditor intends to apply to the Debt Relief Court for his debts against him;(b)the place where he had and the debtors own, land, ordinarily reside or reside or earn their livelihood, carry on business or personally work for gain;(c)a statement of all claims outstanding against the debtor including those under Section 6 as nearly as may be ascertainable;(d)such other particulars as may be prescribed.
