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State of Tamilnadu - Section

Section 4 in Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1954

4. Stay of proceeding.

(1)All further proceedings in suits and applications of the nature mentioned in section 3 in which relief is claimed against an agriculturist, not being proceedings for the amendment of pleadings or for the addition, substitution, or the striking off of parties, but otherwise inclusive of proceedings consequent on orders or decrees made in appeals, revision petitions, or applications for review, shall, subject to the next succeeding sub-section, stand stayed [until the 1st March 1955] [Substituted for the words 'until the expiry of a year from the date of commencement of this Act' by section 3 of the Tamil Nadu Indebted Agriculturist (Temporary Relief) Amendment Act, 1954 (Tamil Nadu Act XXXVII of 1954).]:Provided that, in regard to property under attachment, the Court may pass such orders as it deems necessary for the custody or preservation of the property or for the sale of such property if it is subject to speedy or natural decay, or, if in respect of it, the expenses of custody or preservation are considered excessive.
(2)On application made by the defendant or the respondent or by all the defendants or all the respondents, as the case may be, the stay effected by subsection (1) in a suit or application shall be dissolved and the suit or application shall be proceeded with from the stage which had been reached when further proceedings in the suit or the application were stayed.
(3)In the case of suits or applications of the nature mentioned in section 3, instituted or made against an agriculturist, the provisions of the [Tamil Nadu] [Substituted for the word ',Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Tenants and Ryots Protection Act, 1949 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XXIV of 1949) or of section 54 or section 55 of the Malabar Tenancy (Amendment) Act, 1951 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XXXIII of 1951) shall not have effect in so far as the said provisions are inconsistent with the provisions of sub-section (1).