ANOKHEY LAL Vs. DURGA SAHAI

JUDGEMENT

(1.) THIS is a Defendant's application in revision directed against an order passed by the learned Additional District Judge, Mainpuri, rejecting an application filed by the Defendant -applicant for abatement of a suit under Section 22(b) of U.P. Debt Relief Act, 1977 (Act No. 4 of 1977).

(2.) THE relevant facts are these : The Plaintiff -opposite party filed a suit for recovery of Rs. 940/ -against the Defendant -applicant on the basis of a promissory note said to have been executed by the Defendant -applicant in favour of the Plaintiff opposite -party. The suit was decreed by the Judge, Small Causes, Mainpuri, on 25 -9 -1973. The Defendant -applicant filed a Revision under Section 25 of the Provincial Small Cause Courts Act.

(3.) LATER , the U.P. Legislature passed another enactment called the U.P. Debt Relief Act, 1977. This was an exhaustive law making provision for giving relief to various classes of debtors in Uttar Pradesh, such as landless agricultural labourer, marginal farmer, rural artisan, small farmer and urban workers, all of whom had been defined under the Act No. 4 of 1977. Section (sic) of U.P. Act No. 4 of 1977 provides for the discharge of debt payable on the date of commencement of the aforesaid Act No. 4 of 1977 by a debtor. Section 10 of the same Act provides for stay of all proceedings pending on the date of the commencement of the Act for recovery of any debt due from a small farmer. Section 22 of the aforesaid Act contains a bar to entertainment of any suit or proceeding against a small farmer as well as for abatement of pending proceedings.