section 7
7. Power of court to decide doubts and disputes regarding amount payable under section 4.
The Kerala Agriculturists' Debt Relief Act, 1970(1) Any debtor who under section 4 is entitled to pay his debts in instalments or the creditor of any such debtor may apply to the court for an order fixing the amount payable under section 4. (2) In an application under sub-section (1), the applicant shall state the correct amount which according to him is payable. (3) If the debt has ripened into a decree, the application shall be made to the court which passed the decree or to the court to which the decree has been sent for execution. (4) ) If the debt has not ripened into a decree, the application shall be made to the court competent to pass a decree for the recovery of the debt. (5) An application made by a debtor under sub-section (1) shall be dismissed if he fails to deposit in the court to which the application is made, the amount of any instalment or instalments which according to him is payable by him under the provisions of this Act and has accrued due: Provided that the court may extend the time for making the deposit, for any just and sufficient cause. (6) Where an application is dismissed under sub-section (5), no fresh application for the same purpose shall be entertained. (7) A proceeding under this section shall, for purposes of enquiry and disposal, be deemed to be a proceeding to which section 141 of the Code of Civil Procedure, 1908, applies. (8) The court shall, by order, determine the amount which the debtor has to pay under the provisions of section 4 and the time within which such payment shall be made, and any payment made in accordance with such order shall be deemed to be a valid payment for the purposes of section 4. (9) In an application filed by the creditor under this section in respect of a debt has not ripened into a decree, he shall be liable to pay court-fees on the difference between the amount claimed by him and that admitted by the debtor. (10) The court-fees payable under sub-section (9) shall be paid within a period of two weeks from the date on which the counter-statement is filed by the debtor or within such further time as may be granted by the court. (11) In an application filed by the debtor under this section in respect of a debt which has not ripened into a decree, the creditor shall be liable to pay court-fees on the difference between the amount admitted by the debtor and that claimed by the creditor. (12) The court-fees payable by the creditor under sub-section (11) shall be paid along with the counter-statement filed by him or within such further time as may be granted by the court. (13) The court-fees payable under sub-section (9) or sub-section (11) shall be at the rates under the Kerala Court Fees and Suits Valuation Act, 1959, for the suits for recovery of money. (14) If the creditor fails to pay court fee under sub-section (9) or sub-section (11), his application or counter-statement, as the case may be, shall be rejected. (15) The order passed by the court on an application filed under this section shall have the force of a decree of a civil court of competent jurisdiction and shall be executable as such.
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