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State of Uttar Pradesh - Section

Section 5 in The U.P. Debt Relief Act, 1977

5. Consequence of discharge of debt.

- Where any debt payable by a 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 of 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 and 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 persons;
(ii)where a suit is instituted against a debtor jointly in respect of a debt advanced 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;]
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;
(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;
(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, [* * *] [The words 'if in possession of such properly' was omitted by U.P. Act No. 2 of 1979.] be bound to return the same to the debtor.
(f)[ every mortgage of immovable property executed by a debtor shall stand redeemed and the mortgaged property shall be released in favour of the debtor.] [Substituted by U.P. Act No. 2 of 1979 and shall be deemed always to have been substituted.]