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Section 5: Consequence of discharge of debt

The Uttar Pradesh Debt Relief Act, 1977State Act of Uttar Pradesh · Act 4 of 1977

5. Where any debt payable by debtor has been discharged under section 4, then, notwithstanding anything contained in any law for the time being in force or in any contract, decree or other instrument, the following consequences shall, with effect from the date of such discharge, ensue, namely —

(a) no such debt shall be recoverable from a debtor, or from or against any of his movable or immovable property, nor shall any such property be liable to be attached, sold or proceeded against, in any manner in the execution of any decree or order relating to such debt ;

(b) no civil court shall entertain any suit or proceeding against such debtor for the recovery of any debt including interest, if any :

[ Provided that —

(i) where a suit or proceeding is instituted jointly against such debtor and any other person, nothing in this clause shall apply to the maintainability of the suit or proceeding in so far as it relates to such other person ;

(ii) where a suit is instituted against a debtor jointly in respect of a debt advance before as well as after the commencement of this act, nothing in this clause shall apply to the maintainability of the suit in respect of the debt advanced after such commencement ; ]

(c) all suits and proceedings, including appeals, revisions, attachment or execution proceedings, pending on the date of commencement of this Act, for the recovery of any such debt against such debtor shall abate :

Provided that nothing in this clause shall apply to the sale of —

(i) any movable property, held and concluded before such commencement ; or

(ii) any immovable property, confirmed before such commencement ;

[Provided further that the proviso to clause (b) shall mutatis mutandis apply to a suit or proceeding referred to in this clause as it applies to a suit or proceeding specified in that clause ; ]

(d) every debtor undergoing detention in a civil prison in execution of any decree passed in respect of any such debt shall be released forthwith ;

(e) every movable property pledged by a debtor shall stand released in his favour and the creditor shall, [ X X X ] be bound to return the same to the debtor.

[(f) every mortgage of immovable property executed by a debtor shall stand redeemed and the mortgage property shall be released is favour of the debtor. ]

Where this provision sits

ActThe Uttar Pradesh Debt Relief Act, 1977
Section5
Marginal noteConsequence of discharge of debt
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, U.P. Act No. 2 of 1979. Subs. and be deemed always to have been subs. by sec. 4(a) of U.P. Act No. 2 of 1979.
  • inserted, U. P. Act No. 2 of 1979. Inserted and be deemed always to have been inserted by section 4 (b) of U. P. Act No. 2 of 1979.br 3. Omitted by sec. 4 (a) ibid.
  • inserted. Inserted and be deemed always to have been inserted by sec. 4 (d) ibid.

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