Section 5 in U.P. Zamindari Abolition and Land Reforms Rules, 1952
5. Disposal of suits and proceedings stayed under rule. Section 26(2)(b).
(1)Every suit or proceeding, whether pending in the court of first instance or in appeal or in revision, stayed under clauses (i) to (iii) and (v) of Rule 4, shall together with appeal or revision, if any be abated by the court or the authority before whom it may be pending after notice to parties and giving them an opportunity of being heard.(2)Every suit or proceeding pending in the court of the first instance and stayed under clause (iv) of Rule 4, except those in which a decree or final order had already been passed or made before July 1, 1952, shall be abated by the court or the authority before which it may be pending after notice to parties and giving them an opportunity of being heard.Explanation. - A suit or proceeding in which a decree or final order had been passed by the court of first instance before July 1, 1952, but such decree or final order was subsequently set aside shall notwithstanding that such suit or proceeding might have been pending in such court on the said date whether upon remand or otherwise, be deemed for purposes of this rule to be a case or proceeding in which a decree or final order had already been passed before July 1, 1952.(3)Except as provided in sub-rule (2) every suit or proceeding stayed under clause (iv) of Rule 4 shall, whether pending in appeal reference or revision, be continued and decided in accordance with the provisions of the U.P. Tenancy Act, 1939 and the U.P. Land Revenue Act, 1901 as may be applicable.(4)When, during the period between the first day of July, 1952 and the eleventh day of April, 1953 any suit or proceeding to which sub-rule (3) was applicable has been abated by any court in pursuance of sub-rule (a)(i) of this act as it stood prior to its amendment by Notification No. 2016/I-A-463-1952, dated April 11, 1953, any party to the suit or proceeding may within ninety days of the date of the notification aforesaid apply to the court for setting aside the abatement and the court shall set aside the abatement and then the suit or proceeding shall commence from the stage it was abated.The provisions of Section 5 of the [Indian Limitation Act, 1908] [See now the Limitation Act, 1963.], shall apply to an application under this sub-rule(5)The abatement of any suit or proceeding under sub-rule (1) or (2) shall not debar any person from establishing his right in a court of competent jurisdiction in accordance with the law for the time being in force in respect of any matter in issue in such suit or proceeding.(6)The proceedings referred to in clause (vi) or (vii) of Rule 4, shall continue to remain stayed during the period of [26] [Substituted by Notification No. 4352/I-A-1056-1954, dated 31.08.1954.] months.
