Amendment status not verified — confirm the current text below against the official source.
2[(1 )] Where before the 3[publication of the ment of Tamil Nadu Agriculturists Relief (Amendment) Act, certaig 1972, in the TunzilNud~~ Government Gazette1 a court decrees. has passed a decree for the repayment o i a debt, it shall, on the application of any judgment-debtor who is an agriculturist or in respect of a Hindu joint family debt, on the application of any member of the family whether or not he is the judgment-debtor or on the applicatiotl of the decree-holder, apply the provisions of this Act to such decree and shall, not- withstanding anything contained in the Code of Civil Procedure, 1908, amend the decree accordingly Central or enter satisfaction, as the case may be: ~ c t v of 1908. Provided that all paynletlts made or anloirn ts recovered, whether before or after the 3[p~~blication of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1972, in the Tamtl Nadzt Governutient Guzette;, in respect ot any s ~ c h decree shall first be aprlied ip payrlletlt of all costs as originally decreed to the creditor. 2[(2) Tlie provisio~ls of sub-section ( I ) shall also apply to cases where, after the 3Tpublication of the Tamil Nadil Agl.ic~rltiirists Relief (Ameildment) Act, 1972, in the Trawil Nct~lil Govr~+nntent Guze//e], a ___. - - -- - --- --- 'This sub-section ~ ; I S subslitutcd for the original Sub-section by section 14 ( 1 1 ) t)f the Tamil Nadu Agriculturists Relief (Amendment) Act, 1972 (Tamil Nndu Act 8 of 1973). 2scction 19 was renumbered as sub-section (1) of section 19 and sub-section (2) w;is added b)' SeCtlon 10 of the Tamil Agricultur~sts Roltef (Amcl~tlment) Act, 1948 (Tamil Nadu A C ~ 1 Xxmofl948,. I 8 This expression Wcis substituted for the expression '* corn. mencement of this Act " by section IS ( i ) of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1972 (Tamil Nadu ~~t 8 of 1973). Application for the determina- tion of the amount of debt due. 596 Agricultirrists Relief [1938: T.N. Act IV Court has passed a decree for the repayment of a debt payable at such lEpublication.] '119-A. (I) '[Where any debt incurred before the 1st March 1972, other than a decree debt; is due, by any person who claims that he was an agriculturist on that date], the debtor or the creditor may apply to the Court having jurisdiction for a declaration of the amount if the debt is due by the debtor on the date of the application : Provided that 110 such application shall be pre- sented or be maintainable if a suit for the recovery of the debt ;s pending. Explancltion.-The Court 1iaving ~urisdiction under this section shall be the Court which would have jurisdiction to entertain a suit fbr the recoysly of the debt as unscded. (2) The provkions of sub-scction (1) shall apply also to ally person claiming to be such an agriculturist, who conteilds that ally such debt due by him llns bee11 discharged. (3) All persons who would have been nscessary parties to 3 suit for the reco\~~sy of the c'eb~ shall be jmpleadcci as parties to the application unc!er sub- section (1) or under (hat sub-scclion read wit11 sub- section (2). (4) (a) When any such application is matle, the Court shall first decide whether tllc debtor was such an a_rriculturist or not, and if it finds that he was silcll an . -..-- - . . - This word wae substit~ited for t1.c \vor.d " c o t n n i o r ~ ~ ~ ~ ~ ~ ~ m c ' ~ n ~ ~ ~ by section 15 ( i i ) o f the Tn~i~il N,tdu Agl.ic~ilt~rrists Relief IAmendmont)Act, 1972 (T:~mil N;idu i\ct X of 1973). 2 This section was inscrted by sccllocl ? 01" the Tamil Nadu Agri- culturists Relicf (Amentlrnent) Act, 1943 (Tatnil Nndu Act XV of 1943), re-enacted permanently by section 2 of, iind the First Schedule to, the Tamil Nadu Re-enacting and Repc:~ling (NO. I) Act, 1948 (Tarmi Nadu Act VII of 1948). 8 This expression was substituted for the expression " Where any debt incurred before the 22nd M;vrch 1938, other than decree debt is due by any person \vho claims that hc \\.;IS :in agriculturist both on that date and on the 1st October 1937 " by section 16 of the Tamil Nadu Agriculturists Relief (Anlcndment) Act, 1972 (Tamil Nadu Act 8 of 1973). 1 1938: T.N. Act IVJ Agriculturfsts ~ e ~ i & 597 a&culturist, pass an order declaring the amount due by him or declaring that the debt has been discharged, as the case may be. (b) The Court shall dismiss the application if it finds that the debtor was not such an agricultuuist. (5) At any time after passing an order under clause (a) of sub-section (4), the Court shall on payment by the creditor of the court-fee payable on a suit for the amount declared due to him, grant a decree to the creditor for such amount: Provided that the creditor may on his application be granted a decree for an amount less than that dec- lared due to him on paying the appropr:ate court-fee. (6) The Court may order that the couk-fee, if any, pad by the creditor under sub-section (5) shall be paid by th,: debtor in addition to the amount decreed. (7) If the dcbtor pays into the Court the amount declarcd to be due iir1d:r clause (a) of sub-section (4) or the amount of the decree granted under sub-section (5) together w'th the costs, if any, ordered to be paid under sub-section (6) the Court shall grant to the debtor a ccrl ificnte tllat the debt has been discharged. (8) Thc pi-:,ccdilro laid down in the Code of C; vi! Procedure, 190:;. for the trial of suits shall as far " Of as may bc. apply to applic:r!ions under this section. (9) No Court shall entertain a suit by the credi- tor for the recovcry of a debt--- (i) if an application has been made under sub-section ( I ) in ~'cspect of such debt to Courf having jurisdiction and is pending in such Court: or (ii) if a Court having jurisdiction has passed an order under clause (0) of sub-section (4) in respect of such debt. (10) In computing the period of limitation pres- cribed for a suit by the creEitor for the recovery of a debt, the time, if any, during which the Court was prevented from entertaining the suit by virtue of the provision contained in clause (i) of sub-section (9) sl~all be cxcluded .] Stay of