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(1) On the date fixed for the hearing of an application made under section 3, the Court shall decide the following points as preliminary issues that is to say :- (a) whether the person for the adjustment of whose debts the application has been made is a debtor; (b) whether the creditor or creditors are holding a valid decree against such debtor. (2) If the Court finds that such person is not a debtor or that the creditor or creditors are not holding a valid decree against the debtor, the Court shall dismiss the application forthwith.
<span style="margin-left:15px;"></span>(<i>1</i>) On the date fixed for the hearing of an application made under section 3, the Court shall decide the following points as preliminary issues that is to say :-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>a</i>) whether the person for the adjustment of whose debts the application has been made is a debtor; <br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><i>(b)</i> whether the creditor or creditors are holding a valid decree against such debtor. <br> <span style="margin-left:15px;"></span>(<i>2</i>) If the Court finds that such person is not a debtor or that the creditor or creditors are not holding a valid decree against the debtor, the Court shall dismiss the application forthwith. <br>