Burden of proof, etc.

1. (1) If in any suit or other proceeding in a Court a question arises

whether a party thereto is a debtor under this Act, the Court trying the suit or other proceeding shall frame a preliminary issue as to whether such person is not a debtor under this Act and shall decide it before other issues are considered.

1. (2) Notwithstanding anything in any law, in any suit or proceeding, the burden of proving that a person is not a debtor under this Act shall lie on the creditor.