Section 15. Preliminary issues

(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.