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20. No doubt, as observed in Corpus Juris Secundum, the term "debt" has, as used in some statutes, been held to include unliquidated damages. The only Indian statute, which, could be pointed out by the learned counsel for the appellant, in which such an extended meaning has been given to the term "debt" is Provincial Insolvency Act (Act V of 1920). In Clause (a) to Sub-section (1) of Section 2 of the Act, "debt" is defined to include a judgment-debt. The particulars which have to be, mentioned in the insolvency petition by the debtor are stated in Section 13 of the Provincial Insolvency Act, and one of these (clause (d) to Sub-section (1) of Section 13) is the amount and particulars of all pecuniary claims against him.

The definition given is not a general definition, of the usual type but a definition by reference to the status of the person who is either a debtor or a creditor. The purpose in adopting this unusual mode of defining "debt" is to secure the two-fold, object with which the legislation had been passed. The first object was to give relief to the debtor from amongst the class of displaced persons who were divided in Clauses (a) and (b), and the second object was to facilitate the speedy recovery of debts due to such displaced persons.

36. On the consideration of the relevant statutes and of the authorities cited by the parties, I am of the view that the term "debt" as defined in Sub-section (6) of Section 2 of the Act must be restricted in the sense so aptly laid down by Chagla, C. J. in Iron and Hardware (India) Company's case, AIR 1954 Bom 423 and followed by two Division Benches of this Court in Milka Singh and others' case, AIR 1956 Punj 174 and Jattu Lal Darbar Singh's case, F. A. F. O. No. 87 of 1953, D/- 20-11-1958 (Punj). The appellant's claim in the present case for compensation by way of damages on account of the alleged wrongful detention of his goods by the respondent bank cannot, therefore, be considered a "debt" within the meaning of that term as defined in Sub-section (6) of Section 2 of the Act and the learned Single Judge was right in holding, in agreement with the Tribunal, that the petition was incompetent.

37. In the result, upholding the judgment of the learned Single Judge, I would dismiss the appeal, but as the appeal fails on a legal point as to which there has been some conflict of judicial opinions, I would leave the parties to bear their own costs in this Court.

Prem Chand Pandit, J.

38. I agree.

Dulat, J.

39. It is after considerable hesitation, caused by the weight of judicial opinion against me, that I have decided to dissent.

40. The question in this case is whether the expression "debt", as defined in the Displaced Persons (Debts Adjustment) Act, 1951, includes a claim to compensation for damage caused by the breach of a contract, and more particularly caused by the failure to discharge "an obligation resembling those created by contract". The facts raising this question are these. The appellant, Ram Lal, was before partition doing business in Kasur which" is now in Pakistan.