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Section 10: Deposit of debt in court

The Kerala Agricultural Debtors (Temporary Relief) Act, 2001State Act of Kerala · Act 19 of 2001

(1) An agriculturist may deposit any of the instalments of the debt as provided in section 4 in the court having jurisdiction to entertain a suit for the recovery of the debt or, where the debt has ripened into decree, in the court which passed the decree or the court to which the decree has been sent for execution, and apply to that court for recording part satisfaction of the debt.

(2) Where an application and deposit are made as provided in sub-section (1), the court shall pass an order recording part satisfaction of the debt, if the amount deposited is the correct amount.

(3) The court shall dismiss the application—

(a) if the applicant is not an agriculturist; or

(b) if the liability is not a debt; or

(c) if the amount deposited is insufficient and the applicant on being required by the court to deposit the deficit amount, within a period fixed by the court, fails to do so.

(4) Any agriculturist entitled to make such deposit may, before the date on which any instalment is due, apply to the court having jurisdiction under sub-section (1), for an extension of the time for making the deposit of the whole or any portion of such instalment, and the court may, after notice to the creditor, extend the time for payment of such instalment or part thereof for such period as it thinks fit.

(5) The procedure laid down in the Code of Civil Procedure, 1908 for the trial of suits shall, as far as may be, apply to applications made under this section.

Where this provision sits

ActThe Kerala Agricultural Debtors (Temporary Relief) Act, 2001
Section10
Marginal noteDeposit of debt in court
JurisdictionState of Kerala
StatusIn force as published by the source

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