JUDGMENT Ganga Nath, J. - This is an application in revision against the order of the learned Munsif of Shahjahanpur, refusing to amend the /opposite party's mortgage decree u/s 8 of the U.P. Debt Redemption Act (Act XIII of 1940). The Applicant made an application u/s 8 for amendment of the decree. The decree-holder gave a declaration required u/s 4 sub-Section (3). It was on account of this declaration that the learned Munsif rejected the application for amendment of the decree. It has been contended that Section 4 Sub-section (3) does not apply to a mortgage decree in which the mortgaged property is other than land in a mahal. Reliance was placed on Section 21 of the Act which provides as follows : Notwithstanding anything contained in Rule 6 or rule Section-A of Order XXXIV of the First Schedule of the Code of Civil Procedure, 1908, where in a suit based on a loan secured by a first mortgage a decree for sale has been executed and the net proceeds of the sale of the mortgaged property are found insufficient to pay the amount due to the Plaintiff or to the Defendant, as the case may be, no decree shall be passed for the balance due to such Plaintiffs or Defendant, as the case may be and if any decree for such balance has been passed before the commencement of this Act, it shall be deemed to have been satisfied. 2. On the basis of this section it has been argued that in case of a mortgage where the mortgaged property is other than land in a mahal, the mortgage decree will have to be executed against the mortgaged property and therefore, a declaration made u/s 4 Sub-section (3) will be ineffective as in no case, in view of the provisions of Section 21, the decree-holder will be entitled to proceed against any land in a mahal, agricultural produce or person of the mortgagor. 3. Section 4 Sub-section (3) is as follows : No decree recoverable from an agriculturist shall be amended under the provisions of this Act if the creditor declares that such decree shall not be executed against the laud, agricultural produce of person of such agriculturist. 3. It applies to every decree recoverable from an agriculturist. Similarly, Section 8 also applies to every decree.
3. It applies to every decree recoverable from an agriculturist. Similarly, Section 8 also applies to every decree. After an amendment of a decree u/s 8, a decree-holder can execute his decree against land in a mahal or agricultural produce or person of the agriculturist. In case where a declaration provided for in Section 4 Sub-section (3) is made and a decree is not amended u/s 8 of the U.P. Debt Redemption Act, it will not be open to a decree-holder to proceed against these properties even if his decree was executable against them. The sections are for the mutual benefit of the parties. If a judgment-debtor gets the benefit of reduction of interest u/s 8 by amendment of the decree the decree-holder also gets the benefit of being entitled to execute his decree against the land, agricultural produce or person of an agriculturist. There is nothing in Sections 4 and 8 to restrict their application to a certain class of decrees. They apply to all classes of decrees. If the contention of the Applicant hat Section 4 Sub-section (3) does not apply to a decree which is not executable against the land, agricultural produce or person of an agriculturist be accepted, then it might as well be contended by the decree-holder that Section 8 also does not apply to such decrees. 4. The application has been rightly rejected. There is no force in the application and it is ordered that it be rejected.