JAGAT NARAYAN, J. - (1.) THIS is a revision application by the plaintiff against an order of the Civil Judge, Jodhpur, abating his suit for recovery of money on the basis of two mortgage bonds against all the defendants namely Bhanwarlal, Amritlal Chatur Bhuj, Chhaganlal and Damodar under sec. 5 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 on the ground that Chatur Bhuj defendant had made an application to the Debt Relief Court under sec. 6 of the Act which has been admitted. The application has not been contested on behalf of the defendants.
(2.) ALL the five defendants mortgaged their property in favour of the plaintiff under two registered mortgage-deeds. According to the allegations made in the plaint they constitute a joint family of which Bhanwarlal the father is the Karta. The remaining four defendants are his sons. Out of the defendants only Chatur Bhuj has filed an application under sec. 6 of the Act before the Debt Relief Court. On the application of Chatur Bhuj under sec. 5 the learned Civil Judge abated the whole of the suit. The contention on behalf of the applicant is that the suit abates only against Chatur Bhuj who has filed an application under sec. 6 but not against other defendants who have not filed any such application. I have duly considered the provisions of the Rajasthan Relief of Agricultural Indebtedness Act 1957 and the decision of their Lordships of the Supreme Court in V. Ramaswami vs. Kailas Thevar (l ). I am of the opinion that if Chatur Bhuj is held to be an agriculturist by the Debt Relief Court and the mortgage debt is scaled down, the scaling down will only enure to the benefit of Chatur Bhuj and the remaining defendants will not be able to derive any advantage. Further the result of such scaling down, if any, will be to split the mortgage security. The scaled down debt will be recoverable from the share of Chatur Bhuj in the mortgaged property But the full amount of debt will be recoverable from the shares of the remaining four defendants in such property. I accordingly allow the revision application, set aside the order of the trial court abating the suit against Bhanwarlal, Amritlal, Chhaganlal and Damodar and direct it to proceed further with the mortgage suit against these four defendants. A decree for the full amount of the mortgage debt found due will be passed against these four defendants and the amount will be recoverable by the sale of their shares in the mortgaged property. The applicant will bear his own costs of this revision application as the respondents have not come forward to contest it. .;