Section 3 in Tamil Nadu Gramdan Villages (Repayment of Debts) Act, 1959
3. Bar of suits and applications.
(1)Notwithstanding anything to the contrary contained in any law, custom or contract, no suit for recovery of a debt shall be instituted, and no application for execution of a decree for debt shall be made, against any Gramdan villager in any civil or revenue Court [before the expiry of the period of two years] [Substituted for the words 'before the expiry of the period of one year' by section 2 of the Tamil Nadu Gramdan Villages (Repayment of Debts Amendment Act, 1960 (Tamil Nadu Act 5 of 1960).] from the date of the of commencement of this Act.Explanation I. - Where a debt is payable by a Gramdan villager jointly or jointly and severally with any other person, no suit or application of the nature mentioned in this sub-section shall be instituted or made either against such other person or against the Gramdan villager 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 for debt is prayed for shall be deemed to be a suit for the recovery of a debt, notwithstanding that other reliefs are prayed for in such suit and a decree shall be deemed to be a decree for debt, notwithstanding that other reliefs are granted in such decree:Provided that a suit for possession of land shall not be deemed to be a suit for recovery of a debt by reason merely of mesne profits being also prayed for in such suit:Provided further that nothing contained in this sub-section shall apply to any portion of a decree other than that relating to a debt.(2)Where a creditor institutes a suit for recovery of a debt during the period specified in sub-section (1) or after the Gramdan villager has paid or deposited into Court the instalments specified in sub-section (1) of section 4 and during the period when he is so entitled to pay or deposit, the Court may decree the suit, but shall direct the plaintiff to bear his own costs and pay the costs of the defendant who is a Gramdan villager:Provided that nothing contained in this sub-section shall be a bar to the Court making any order as to costs as between the plaintiff and other defendants who are not Gramdan villagers.
