(1.) The principal point for determination in these cases is as to whether the order of the Court below holding that the claim was barred by limitation in view of the provisions of Section 9, Clause (3), Encumbered Estates Act, was correct. Section 9, Clause (3), Encumbered Estates Act, ordained as follows: The written statement must be presented within the period specified in the notice, unless the claimant satisfies the Special Judge that he had sufficient cause for not presenting it within such period, in which case the Special Judge may receive the statement if presented within a further period of two months.
(2.) The effect of this clause was that the creditor of the landlord applicant had to file his written statement within a total period of five months and if that was not done the Court had no power to give any further extension of time. It may in these circumstances be conceded that when the Courts below held that the written statements in these cases were not filed within limitation that view was perfectly correct and the order of the Courts below could not have been challenged in appeal or revision if there had not been any subsequent amendment of the law on the point. The law on the subject however has been changed by subsequent amendments and now as a result of those amendments Section 9, Clause (3) runs as follows: The written statement must be presented within the period specified in the notice, unless the claimant satisfies the Special Judge that he had sufficient cause for not presenting it within such period, in which case the Special Judge may, subject to such orders as to costs as he may deem fit, receive such statement if presented at any time before the date on which he sends the decrees to the Collector under the provisions of Section 19 or before 30 November 1939, whichever is later.
(3.) It is now clear that it is open to the Special Judge before he sends up the decrees passed by him to the Collector under the provisions of Section 19 to admit written statements though filed beyond the period of limitation for sufficient reason. In view of this amendment, the ruling of a Bench of this Court Ashraf v. Saith Mal , cannot go against the creditor. It was argued before me that the provisions of Section 13 would go against the creditor where the written statement of the claim by the creditor has not been made within a period which had been prescribed under Section 9 before the amendment. Section 13, Encumbered Estates Act, runs as follows: Every claim decreed or undecreed against the landlord in respect of a private debt, other than a debt due to a Co-operative Society registered under the Co-operative Societies Act 2 of 1912, by its members, shall, unless made within the time and in the manner required by this Act, be deemed for all purposes and on all occasions to have been duly discharged.