Amendment status not verified — confirm the current text below against the official source.
Subs.for the words ―receive the statement if presented within a further period of two months‖ by s. 9 ibid. [The United Provinces Encumbered Estates Act, 1934] 9 under the second proviso of sub-section (1) of section 4 then the Special Judge shall apportion the debts due by and the property belonging to the joint family between members who have so applied and those who have not applied and, for the purposes of this Act, those members who have applied under section 4 will be treated as if they had separated from the other members. of debts and property in case of application by members of a joint Hindu family. (5) (a) If one or more of several joint debtors, who are not members of the same joint Hindu family, apply under section 4 but all the joint debtors do not apply then the Special Judge shall determine the amount of the joint debt which is due by the debtor or debtors who have applied and the amount due by those who have not applied. For the purpose of this determination the Special Judge shall make the joint debtors who have not applied parties to the proceedings and shall hear any objection that they may make before recording his finding. Determination of liability of joint debtors who are not members of a joint Hindu family. (b) If all the joint debtors have not applied under section 4 the creditor shall have a right to recover from the debtors who have not applied only such amount on account of the joint debt as may be 1[determined] by the Special Judge to be due by them. 2 [(c) Where no suit has been instituted or where on application for execution of joint decree has been made in any other court in respect of such joint debt or joint decree the creditor may on application to any court having jurisdiction to entertain such suit, or execute such decree, obtain a decree, or get the decree executed against non-applicant joint debtors, for the amount so determined, subject to the payment of the court-fee payable on such execution application, or on a plaint in suit for the amount determined by the Special Judge. : Provided that notwithstanding anything contained in the Indian Limitation Act, 1908, or any other law for the time being in force, in computing the period of limitation for such suit or such execution application the period from the date of the order of the Collector under section 6 to the date of determination of such debt by the Special Judge under clause (b) shall be excluded in either case.] 3 [(d) Where a suit in respect of the joint debt had been instituted or an application for the execution of the joint decree made, and proceedings herein were stayed under sub-section (1) of section 7, the court in which such suit had been instituted or such execution application was made shall, on the application of the creditor, proceed with such suit, or execute such application in accordance with sub-section (c) as against those joint debtors who had not applied under section 4, in respect of the amount of the joint debt determined by the Special Judge to be due from such joint debtors] : ——————————————————————————————————————————