(1)Where any debt incurred before the 22nd March 1938, other than a decree debt, is due by any person who claims that he was an agriculturist both on that date and on the 1st October 1937, the debtor or the creditor may apply to the court having jurisdiction for a declaration of the amount of the debt due by the debtor on the date of the application:Provided that no such application shall be presented or be maintainable if a suit for the recovery of the debt is pending Explanation (1) The court having jurisdiction under this section shall be the court which would have jurisdiction to entertain a suit for the recovery of the debt as unscaled.
