TMI Blog1971 (4) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... 7; 1,31,040-1-0 with costs and future interest at 3 1/2% p.a. on the basis of a secured debt. Sardar Mujibul Rahman Khan the judgment debtor died on 24 April, 1949. Thereafter the judgment debtor's sons who were brought on record on 21 April, 1953 applied for reduction of the decretal amount under section 4 of the U. P. Zamindars' Debt Reduction Act, 1952 (Act XV of 1953). The application was rejected by the Special Judge, Kheri on 18 February, 1957. The Special Judge held that unless and until the decree charged the mortgaged property no reduction of debt could be ordered under the U. P. Zamindars' Debt Reduction Act, 1952 and that the decree was not one such. The judgment debtor filed an appeal against the said order of the Sp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e judgment debtor. Section 4 of the U. P. Zamindars' Debt Reduction Act, 1952 (hereinafter referred to as the 1952 Act) in so far as it is necessary for the purpose of the present appeal is as follows: Powers to reduce debts after passing of decree: (1) Notwithstanding anything in the Code of Civil Procedure, 1908 or any other law, the, court, which passed a decree to which this Act applies relating to a secured debt, shall on the application either of the decree-holder or judgment-debtor, proceed as hereinafter stated. (2) Where the mortgaged property (charged under the decree) consists exclusively of State and such estate has been acquired under the provisions of the U. P. Zamindari Abolition and Land Reforms Act, 1950, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the mortgaged property was charged under the decree. The effect of the Amendment was to give relief to mortgaged property within the contemplation of the Act. As a result of the amendment first it is to be a decree to which the 1952 Act applies, secondly, it is 'to be a decree relating to a secured debt and, thirdly, the mortgaged property is to consist of estate which has been acquired and the provisions of the U. P. Zamindari Abolition and Land Reforms Act, 1950. If these tests are satisfied the decree holder or the judgment debtor has the right to apply to the court and the court shall on the application proceed in accordance with the provisions of the Act. The Court under this section is the court of the Special Judge which passe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ors. as follows: When a statute enacts that something shall be deemed to have been done, which in fact and truth was not done, the court is entitled to ascertain for what purposes and between what persons the statutory fiction is to be resorted to and full effect must be given to the statutory fiction and it should be carried to its logical conclusion . The statutory fiction was introduced to give full effect to section 4 of the 1952 Act by conferring on the debtors and creditors the right to apply to the court for calculation and reduction of debt. It was realised that courts always passed simple decrees. It was noticed that mortgaged property was not and could not be charged under the decree. It was therefore appreciated that unless t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the words charged under the decree were always deemed to have been deleted and this law was effective from the date of coming into force of the 1952 Act on 25 May, 1953. The High Court by a majority opinion was of the view that the judgment debtors should be given relief. Under Order 47 of the Code of Civil Procedure the principles of review are defined by the Code and the words any other sufficient reason in Order 47 of the Code would mean a reason sufficient on grounds analogous to those specified immediately previously in that order. The grounds for review are discovery of new matters or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igh Court on 27 November, 1962 to apply the law as it stood to the facts and circumstances of of the case. The appeal from the order of the Special Judge. I Kheri was heard by the High Court and, therefore, the respondents rightly applied to the High Court. It appears from the record of the case that when the matter was heard before the High Court the respondents' counsel brought to the notice of the High Court that the Act was going to be amended and awaited assent of the President. In the present case, it is a preeminent consideration to be kept in the forefront that the 1952 Act was amended to confer benefit on judgment debtors of the type of the respondents. This is a special legislation conferring rights and reliefs within a specia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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