Section 9 in The Gujarat Execution of Decrees (Temporary Postponement) Act, 1959
9. Application of provisions of Part II to certain cases of agriculturists not covered by that Part.
(1)In any area where, on account of any of the calamities referred to in sub-section (3) of section 1, the State Government [or an officer authorized by the State Government in this behalf] [These words were substituted by Gujarat 28 of 1962, section 4.] has ordered suspension or remission of land revenue, the provisions of Part II shall, subject to the provisions of sub-section (3), also apply, so far as may be, in respect of a judgement-debtor, a defendant, or a person, as the case may be, who is an agriculturist in that area, provided during the period this Part remains in force in that area, he makes an application to a Civil Court of competent jurisdiction in this behalf seeking stay of execution of decrees or postponement of institution of suits in the manner and to the extent provided by Part II, and the Court, on being satisfied that it would be in the interest of the agriculturist to grant the relief prayed for, passes an order accordingly.(2)Every stay order or other order passed by the Court under sub-section (1) shall relate back to the date of the application filed by the judgement-debtor, the defendant or the person, as the case may be, and shall cease to operate when this Part ceases to apply to the area.(3)While construing the provisions of Part II in their application so far as may be for the purposes of this section-(a)the period to be excluded under section 6 shall be the period between the date of the application made under sub-section (1) and the date when this Part ceases to apply to the area of the date of rejection of the application by the Court whichever is earlier;(b)the restrictions on transfer imposed by section 7 shall be deemed to apply only to an agriculturist who has made an application under sub-section (1) and to have effect on and from the date on which the application is presented to the Court and until the date when this Part ceases to apply to the area or the date of rejection of the application by the Court, whichever is earlier.
