MT SARASWATI DEVI Vs. DHARAM KIRTI SARAN

JUDGEMENT

(1.) This is an appeal by a decree-holder against the order passed under Section 9, U.P., Debt Redemption Act, amending a decree passed in favour of the appellant and reducing the amount from over Rs. 7000 to Rs. 5,933-60.

(2.) The decree-holder had made a declaration under Section 4, U.P. Debt Redemption Act and it was argued on her behalf that as she had made that declaration the learned Civil Judge had no jurisdiction to amend the decree, the provisions of the U.P. Debt Redemption Act being no longer applicable.

(3.) The lower Court has, however, held that the judgment-debtor was not only an agriculturist but he also belonged to one of the classes specified in Clause (a) of Sub-section (20) of Section 2, and the declaration, therefore, would not have the effect of depriving the judgment-debtor of the benefits of Section 9, U.P. Debt Redemption Act.