Amendment status not verified — confirm the current text below against the official source.
Cl. (d) was ins. by s. 11 of U. P. Act XI of 1939. [The United Provinces Encumbered Estates Act, 1934] 10 Provided that in a suit in respect of a liability of a firm, not being a joint family firm and not being a landlord itself, the creditor shall be entitled to proceed in respect of the whole debt against the property of the firm ; but the amount recoverable from the applicant partner personally shall be determined in accordance with the provision of section 14 : Provided further that for the purposes of this Act a person who is liable for a debt as a surety shall not be deemed to be a joint debtor: Provided further that notwithstanding anything to the contrary in the Code of Civil Procedure, 1908, nothing in this Act shall prevent the institution of a suit for the recovery of debt against a surety, but no decree shall be passed in such suit for an amount in excess of the amount determined or which would have been determined in accordance with the provisions of section 14 against the landlord : 1[Provided also that the total amount which may be recovered from the landlord and the surety shall not exceed the amount determined or which might have been determined by the Special Judge against the landlord.] Apportionment of liability of heirs of a deceased debtor. (6) If one or more but not all the heirs of a deceased debtor who are not members of a joint Hindu family apply under section 4 the Special Judge shall apportion the debts due by and the property belonging to the deceased debtor between those heirs who have made the application and those who have not and subject to the provisions of section 49 that portion of the debt which falls to the share of the heirs who have applied shall be liquidated from the property allotted to them and they shall not be responsible for the portion of the debt which falls to the share of the heirs who have not joined in the application. Appointment of receiver for land. 2[* * * * *] 3[9-A. (1) If at any time after the issue of notice under section 9 the landlord fails to satisfy— (i) a claim for maintenance falling due after that date under a decree passed before that date, or (ii) a decree in respect of a claim for maintenance, wages or for professional services passed after that date. any person in whose favour such a claim has arisen or such a decree has been passed may at any time within he period of limitation for the recovery of the amount due under such decree apply to the Special Judge for the appointment of a receiver and unless such decree is satisfied within a period to be specified by him, the Special Judge shall, unless in his opinion the claim can be satisfied by the appointment ——————————————————————————————————————————