Section 5 in Rajasthan Scheduled Debtors (Moratorium on Debts) Act, 1976
5. Moratorium on debts.
(1)All proceedings in execution of any decree for money, all proceedings for making final any preliminary decree for fore-closure or sale in enforcement of a mortgage and all proceedings in execution of any final decree for foreclosure or sale in enforcement of a mortgage passed by any civil court against a scheduled debtor in respect of a debt shall be stayed during the prescribed period.(2)Where proceedings in execution of any decree have been stayed under sub-section (1), all attachment of growing crops, agricultural produce, live-stock and other movable property made in execution of such decree and subsisting on the date on which the stay order is passed, shall be deemed to be withdrawn.(3)All proceedings under the Provincial Insolvency Act, 1920 (Central Act V of 1920), against a scheduled debtor pending in any civil court on the date of coming into force of the Rajasthan Scheduled Debtors (Moratorium on Debts) Ordinance, 1975 (Ordinance No. 21 of 1975) shall be stayed during the prescribed period.(4)All suits for money and for foreclosure or sale in enforcement of a mortgage against a scheduled debtor in respect of a debt, and all appeals from decrees or orders passed in such suits, pending in any civil court on the date of commencement of the Ordinance mentioned in sub-section (3) shall be stayed during the prescribed period.(5)No suit for money and no suit for foreclosure or sale in enforcement of a mortgage against a scheduled debtor in respect of a debt nor any appeal from any decree or order passed in any such suit, shall be instituted during the prescribed period in any civil court.(6)No application for execution of any decree referred to in subsection (1) or for making final any preliminary decree for foreclosure or sale referred to therein, shall be entertained by any civil court against a scheduled debtor during the prescribed period.
