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Allahabad High Court · body

1941 DIGILAW 100 (ALL)

Babu Nandan Lal v. Parsottam Sahu

1941-10-10

GANGA NATH

body1941
JUDGMENT Ganga Nath, J. - This is an application in revision from the order of the learned Additional Civil Judge, Benares, rejecting the Applicants' application for amendment of the decree under the Debt Redemption Act. The Applicants' application was rejected on the ground that the opposite-party, decree-holder, had made a declaration required under Sub-section (3) of Section 4 of the Act in his application for execution which he had made after the Act came into force. It was contended on behalf of the Applicant that, since the decree-holder had previously made an application for execution against the land of the Applicants, it was not open to them to make the declaration in he subsequent execution application. The previous application was made and rejected before the Act came into force. Proviso 3 to Sub-section (3) to Section 4 is as follows: Provided also that no declaration shall be made under Sub-section (3) where the creditor has already applied for execution against the land, agricultural produce or person of such agriculturist. 2. The words of this proviso clearly show I that the execution application, referred to I therein, must be pending at the time or made after the Act cams into force. It does not apply to an execution application made and disposed of before the Act came into force. The decree-holder was, therefore, entitled to make the declaration referred to in Sub-section (3). As he has made the required declaration, the Applicants are not entitled to amendment of the decree against him under Sections 8 and 9 of the U.P. Debt Redemption Act. The application is rejected. The stay order is discharge.