section 8
Omitted Omitted.
Agriculturists' Relief Act, 1983Chapter III OF SUITS AND OTHER PROCEEDINGS TO WHICH AGRICULTURISTS ARE PARTIES
7.
History of transactions with agriculturist-debtors to be investigated History of transactions with agriculturist-debtors to be investigated.-In any suit of the description mentioned in section 3, clause (b), in which the defendant, or any one of the defendants, is an agriculturist, the Court if, the amount of the creditor's claim is disputed, shall examine both the plaintiff and the defendant as witnesses unless, for reasons to be recorded by it in writing, it deems it unnecessary so to do and shall enquire into the history and merits of the case, from the commencement of the transactions between the parties and the persons (if any) through whom they claim out of which the suit has arisen, first, with a view to ascertaining whether there is any defence to the suit on the ground of fraud, mistake, accident, undue influence or otherwise, and, secondly, with a view to taking an account between such parties in manner hereinafter provided. When the amount of the claim is admitted and the Court, for reasons to be recorded by it in writing, believes that such admission is true and is made by the debtor with a full knowledge of his legal rights as against the creditor, the Court shall not be bound so to enquire, but may do so if it thinks fit. In other cases in which the amount of the claim is admitted, the Court shall be bound to enquire as aforesaid.
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