(1) In computing the period of limitation prescribed by the Indian Limitation Act, 1908 or any other law for the being in force, for-
(a) a suit in a Civil Court in any area against any agriculturist for money or for fore-closure or sale in enforcement of a mortgage, referred to in clause (b) of sub-section (2) of section 3, or Instalment decrees .
Exemption from arrest Computation of the period of limitation.
1959 : Bom. LXX ] Gujarat Execution of Decrees (Temporary Postponement) Act, 1959
(b) an application in a Civil Court in any area for execution of any decree referred to in sub-section (1), of section 3 or an application in a Civil Court in any area for making final any preliminary decree for fore-closure or sale referred to in that sub-section, the period during which this Part remains in force in that area shall be excluded, and a further period not exceeding thirty days shall be added so as to make up, the deficit, if any, prior to the expiry of one month from the date of withdrawal of this Part under sub-section (4) of section 1 from that area.
(2) In computing the period of twelve years prescribed in section 48 of the Code of Civil Procedure, 1908 for an application in a Civil Court for execution of any decree referred to in sub-section (1) of section 3 the period during which this part remains in force in that area shall be excluded.
(3) In computing the aforesaid period of twelve years, the period during which proceedings were stayed under the Madhya Pradesh Temporary Postponement of Execution of Decrees Act, 1956, shall, notwithstanding the expiry of that Act by efflux of time, also be excluded as if that Act had not expired.
7. Every transfer of immovable property or of any interest therein made in any area where this Part is in force, by an agriculturist who is a judgment – debtor of any decree referred to in sub-section (1) of section 3, during the period this Part remains in force in that area shall be void as against the holder of such decree.
8. Nothing contained in this Act shall-
(a) prevent any decree-holder from accepting any payment under a decree or making any adjustment thereof voluntarily made by the judgementdebtor;
(b) apply to a decree for money arising out of claims relating to trust, or for maintenance or for profits in favour of a co-tenants or a co-owner, or for damages for a tort or for contribution between co-tenants of agricultural land ; or Code V of 1908.
M. P. of Act V of by
1956.
Restrictions of transfer.
Payment of certain decrees.
[1959 : Bom. LXX Gujarat Execution of Decrees (Temporary Postponement) Act, 1959
(c) apply to a mortgage decree sought to be executed by the sale of the mortgage property in the hands of a subsequent transferee who has taken the transfer subject to the mortgage on the basis of which such decree has been obtained.
PART III STAY OF EXECUTION OF DECREES AND POSTPONEMENT OF INSTITUTION OF SUITS IN CERTAIN CASES NOT FALLING UNDER PART II.