Amendment status not verified — confirm the current text below against the official source.
Burden of proof, etc.- (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. (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.