- (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 Until the decree is superseded by the Special Judge Under section 14, Encumbered Estates Act, it remains a decree under which a certain amount is due from the judgment-debtor.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: "Notwithstanding the provisions of any decree or of any law for the time being in force, an agriculturist or a workman liable to pay the amount due under a decree to which this Act applies passed before the commencement of this Act, may apply, to the civil Court which passed the decrees or to which the execution of the decree has been transferred, for the amendment of the decree by reduction according to the provisions of this Act of the amount due under it, and on receipt of such application the Court shall, after notice to the opposite party, calculate the amount due from the applicant in accordance with the provisions of Sections 9 and shall amend the decree accordingly." This provision gives the judgment-debtor a substantive right to get his decree amended. Any law which directs the postponement of a decision by necessitating a stay order being passed does not defeat the right but only provides that the matter should be decided not immediately but after the happening of a particular event. Section 7 (1) (b), Encumbered Estates Act, does not, therefore, defeat the right conferred by Section 8 : it only postpones it so long as one of the contingencies provided for by the" Encumbered Estates Act i. e., the quashing of proceedings under that Act or the liquidation of the debts under the Act, takes place. That being so, the direction contained in Section 7 (1) (b), Encumbered Estates Act, must have the effect given to it.;