AHMAD ZAKI Vs. L SHYAM LAL

JUDGEMENT

(1.) This application arises out of an order of the learned Additional Civil Judge, Unao, dismissing an application under Section 8, U. P. Debt Redemption Act, for amendment of the decree passed against the applicants on the ground that since the proceedings were taking place under the U. P. Encumbered Estates Act, the decree in question had become subjudice and could not be amended under Section 8, Debt Redemption Act. We have heard the learned counsel for the parties and we cannot uphold this view. Until the decree is superseded by the Special Judge Under section 14, Encumbered Estates Act, it remains a decree under which a certain amount is due from the judgment-debtor. This, however, is not the only provision of law with which we are concerned in disposing of this application.

(2.) Section 7 (1) (b), Encumbered Estates Act provides that, "no fresh suit or other proceedings other than an appeal, review or revision against a decree or order .... shall, except as hereinafter provided, be instituted in any civil or revenue Court." It also provides that if such a proceeding has commenced it will be deemed to be a proceeding pending at the date of the order forwarding the application to the Special Judge and, in that case, it shall be stayed. By reason of this provision an application Under section 8, U. P. Debt Redemption Act, which must undoubtedly be held to be a proceeding with regard to the debt, was required to be stayed. The only question is whether this provision militates against provisions of Section 8, Debt Redemption Act.

(3.) Section 8 provides that: