Section 3 in The Gujarat Execution of Decrees (Temporary Postponement) Act, 1959
3. Stay of proceedings in case of certain decrees and postponement of certain suits.
(1)[Save as provided in sub-section (5), on and from the date on which this Part comes into force in any area,] [Substituted by Gujarat 22 of 1987, dated 24th July, 1987.] all proceedings in execution of any decree for money, all proceedings for making final any preliminary decree foreclosure 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 in that area on the basis of any liability incurred before the commencement of this Part in that area, in which the judgement-debtor or one of the judgement-debtors is on such commencement an agriculturist, shall be stayed during the period this Part remains in force in that area.(2)In any area to which sub-section (1) applies,-(a)no application for execution of any decree referred to in that sub-section or for making final any preliminary decree for foreclosure referred to in that sub-section, shall be entertained by any Civil Court in that area so long as this Part remains in force in that area(b)no suit for money and no suit for fore-closure or sale in enforcement of a mortgage, shall be instituted, or proceeded with if instituted, in any Civil Court in that area against an agriculturist so long as this Part remains in force in that area, except in cases where an agriculturist is about to dispose of the whole or any part of his immovable property.(3)Where proceedings in execution of any decree have been stayed under sub-section (1), all attachments of growing crops, agricultural produce, live-stock and other moveable property of a perishable nature, made in execution of such decree and subsisting on the date on which the stay order is passed, shall be deemed to be withdrawn.(4)All proceedings under the Provincial Insolvency Act, 1920 (V of 1920) against an agriculturist in any area to which sub-section (1) applies whether on the application of the debtor or creditor, pending on the commencement of this Part in that area, shall be stayed during the period this Part remains in force in that area.(5)Nothing in sub-section (1) shall apply to a proceeding subsequent to the sale of any property made in execution of a decree relating to such property.
