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Section 43: Consequences of quashing proceedings under section 20.

The United Provinces Encumbered Estates Act, 1934State Act of Uttar Pradesh · Act 25 of 1934

43. [ When an application has been dismissed under sub-section (3) of section 8] , (or) when an order has been passed under section 20 quashing further proceedings under the Act, the following consequences shall ensue, namely

(a) the whole of the proceedings under this Act shall be set-aside ;

(b) notwithstanding anything contained in section 18 all rights and remedies and proceedings stayed [ and all attachments of properties mentioned in statements filed under section 8, which had become null and void] under sub-section (1) of [ section 7] shall revive to the creditors as if no action had been taken under this Act ; and

(c) in computing the period of limitation prescribed for any suit or other proceeding for the recovery of debts in respect of which a written statement has been filed under section 10 the period from the date of the [ order of the Collector under section 6] to the date of order of the Special Judge quashing further proceedings under the Act shall be excluded ;

(d) in computing the period of limitation prescribed for any suit or proceedings in respect of a claim which has been stated before the Special Judge under section 11 the period from the date of the publication of the notice under sub-section (1) of that section to the date of the order of the Special Judge quashing proceedings under this Act shall be excluded.

Where this provision sits

ActThe United Provinces Encumbered Estates Act, 1934
Section43
Marginal noteConsequences of quashing proceedings under section 20.
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.

  • other, U. P. Act IV of 1935. Add. by s. 7 (1) of U. P. Act IV of 1935.
  • inserted, U. P. Act XI of 1939. Ins. by s. 17 of U. P. Act XI of 1939.
  • substituted, U. P. Act IV of 1935. Subs. for (s. 9) by s. 5 of U. P. Act IV of 1935.
  • substituted, U. P. Act IV of 1935. Subs. for for publication of notice under sub.s. (1) of s. 8 by s. 7 (2) of U. P. Act IV of 1935.

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