section 3
Bar of suits and applications.
The Kerala Agriculturists' Debt Relief Act, 1970(1) No suit for recovery of a debt shall be instituted and no application for execution of a decree in respect of a debt shall be made, against any agriculturist in any court before the expiry of six months from the commencement of this Act; and all such suits and applications instituted or made against any agriculturist before such commencement and pending at such commencement shall stand stayed for the said period of six months. Explanation I.- Where a debt is payable by an agriculturist jointly, or jointly and severally, with a non-agriculturist, no suit or application of the nature mentioned in this sub-section shall be instituted, made or continued either against the non-agriculturist or against the agriculturist before the expiry of the period mentioned in this sub-section. Explanation II.-For the purposes of this Act, a suit in which a decree in respect of a debt is prayed for shall be deemed to be a suit for the recovery of the debt notwithstanding that other relief are prayed for in such suit, and a decree shall be deemed to be a decree in respect of a debt notwithstanding that other reliefs are granted in such decree: Provided that a suit or decree for possession of land shall not be deemed to be a suit for recovery of, or a decree in respect of, a debt by reason merely of mesne profits being also prayed for or included in such suit or decree. Explanation III.- Nothing in this section shall debar a decree-holder from enforcing reliefs other than in respect of a debt, where the decree contains independent reliefs. Explanation IV.-Where the decree passed is a conditional decree, and the conditions imposed relate to the discharge of a debt, breach of any such condition shall not be deemed to have taken place so long as the judgment-debtor acts in accordance with the provisions of this Act. (2) Where a creditor institutes a suit for the recovery of a debt after the agriculturist has paid or deposited the sums and instalments specified in section 4, and during the period when he is so entitled to pay, the court shall in decreeing the suit direct the plaintiff to bear his own costs and to pay the costs of the defendant who is an agriculturist, except in cases where the claim would have been barred by limitation had no such suit been instituted or where a debt is jointly due from an agriculturist and a non-agriculturist.
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