Displaced Persons (Debts Adjustment) Act : Power to revise certain decree and settlement. Indian Bare

Displaced Persons (Debts Adjustment) Act,1951

Act No : 70

Section : Power to revise certain decree and settlement.

21. Power to revise certain decree and settlement. (1) Where, before the commencement of this Act, a decree has been passed by a Civil court against, or a settlement has been entered into by, a displaced debtor in respect of any debt, the Tribunal shall, on the application of such debtor revise it so as to bring it into accord with the provisions of the Act. (2) In determining the amount due under any such decree or settlement, the Tribunal shall accept as binding the findings of the Court which passed the decree or the facts contained in the settlement, as the case may be, to the extent to which the findings or the facts are not inconsistent with the provisions of this Act: Provided that the Tribunal shall not determine any claim under any such decree until any appeal or revision filed against it has been finally decided or the period allowed for any appeal therefrom has 75 expired, and in all such cases the finding of the Tribunal shall be based on the final decree. (3) Notwithstanding anything contained in this section, no Tribunal shall in respect of any debt revise any settlement arrived at before the commencement of this Act between an insurance company and a displaced person or between an insurance company and a displaced bank having an interest in the claim of a displaced person against the insurance company and arriving at such settlement by virtue of that interest: Provided that payment in full has been made in pursuance of such settlement.