O. P. Saxena, J. - (1.) THIS is a revision against the order dated 21-4-78 passed by the learned I Additional District Judge, Etawah.
(2.) THE facts giving rise to this revision are that plaintiff filed the suit for recovery of Rs. 1598/- on the basis of a pronote and receipt. THE suit was contested by the defendant, inter alia, on the grounds that the debt is liable to be dis-charged under the provisions of the U. P. Debt Relief Act, 1977, this plea found favour with the learned Munsif who directed the abatement of the suit on the ground that the debt had been discharged. THE plaintiff filed an appeal and the said appeal has been dismissed on the ground that it is barred by section 31 of the U. P. Debt Relief Act. Section 31 of the Act provides as below ;- " Jurisdiction of Civil court-Notwithstanding anything contained in any law for the time being in force, no civil court shall entertain- (a) any suit, application or proceeding to question the validity of any procedure or the legality of any order passed under this Act : (b) any suit or application for injunction affecting any proceedings under this Act; (c) any appeal or revision otherwise than in accordance with the provisions of this Act. " The learned counsel for the applicant submitted that there is no specific provision for appeal or revision against the orders passed under sections 4 and 5 of this Act. He contended that the legislature did not consider it necessary to make any provision as orders passed in suits and proceedings will be governed by the provisions of Code of Civil Procedure. There is a provision in section 8 for an appeal against an order passed under sections 6 and 6-A. There is a provision under section 23 for an appeal against an order passed under section 19 of the Act. He submitted that no specific provision was made for orders passed under sections 4 and 5 of the Act as these orders are not passed on applications given in accordance with any specific provisions of the Act but are passed in view of the provisions of sections 4 and 5. Under Section 6 a creditor is called upon to file a statement before the Tehsildar. Under Section 6-A the debtor can make an application to the Debts Settlement Officer. Section 16 provides for an appointment of Debts Settlement Officers. Section 17 provides for application for determination of debt by a small fanner. Section 19 provides the procedure for the determination of the debt. It was urged that a specific provision for appeal has been made in the Act in respect of orders passed on the applications moved under the provisions of this Act. The orders under sections 4 and 5 of the Act are passed not on any application moved under the provisions of this Act but in suits and other proceedings pending before the court in the light of the provisions of these sections. He, therefore, urged that the remedy available under the Code of Civil Procedure could not be barred by section 31 of the Act.
(3.) NONE has appeared for the opposite party. On a careful consideration of the submissions made before me, I am of the opinion that there is much substance in the submissions of the learned counsel for the applicant. It would be preposterous to say that if a civil court discharges a debt and directs the abatement of the suit, the plaintiff would have no remedy. The impugned order was not passed by the learned Munsif on any application given under the provisions of the Act but was passed in a regular civil suit in view of the provisions of sections 4 and 5 of the Act. It was open for the plaintiff to have filed a civil revision against the impugned order. He filed a Civil Miscellaneous Appeal by mistake. He can get the same converted into a Civil Revision and the same shall be disposed of by the court below.;