Amendment status not verified — confirm the current text below against the official source.
( 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.