A.N. Verma, J. - (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. While the Revision was pending, U.P. Rural Weaker Section (Moratorium on Recovery of Debts) Act, 1975 (U.P. Act No. 51 of 1975) came into force with effect from 10 -10 -1975. This Act provided for a moratorium on Recovery of Debts from certain landless agricultural labourers and small and marginal farmers etc. Section 3(b) of U.P. Act No. 51 of 1975 provided that notwithstanding any contract or decree in a suit, appeal or application pending on the date of the commencement of the said Act, shall be stayed for a period of one year. Purporting to seek the benefit of the aforesaid provision of Act No. 51 of 1975, the Defendant -applicant moved an application before the learned District Judge before whom the aforesaid revision filed by him was pending for the stay of the hearing of the revision on the ground that the Defendant -applicant was a small farmer. This application was contested by the Plaintiff -opposite -party. The Plaintiff -opposite -party asserted in his objection that the Defendant -applicant was not a small farmer within the meaning of U.P. Act No. 51 of 1975, that his main source of livelihood was not cultivation, and that the Defendant -applicant was doing a flourishing business of Halwai (preparing and selling sweet -meats). The learned District Judge allowed the said application of the Defendant -applicant by an order dated 9 -10 -1976 and directed that the proceedings of the revision shall remain stayed for a period of one year. He directed the file to be put up for orders after one year.
(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.;