Section 5 in Gujarat Rural Debtors (Temporary Relief) Act, 1976
5. Relief against default in payment of installment.- (1) Where a decree for payment of any amount in relation to a debt passed against a debtor is payable by instalments and contains a provision that in default of payment of one or more instalments the whole of the decretal amount shall become due at once, then, notwithstanding anything contained in such provision,-
(a)in a case where the whole of the decretal amount has, by reason of non-payment of instalments, become due at once before the appointed day but has not been paid or recovered before such day, the non-payment of such instalments shall not be deemed to be a default for the purposes of such provision in the decree and such amount shall not be deemed to have become due at once, if the judgment-debtor of the decree pays the whole of the amount of the instalments so remaining unpaid before the appointed day,-(i)within a period of one year from the date of expiry of this Act, or(ii)within such period after the expiry of one month from the date of expiry of this Act as is equal to the total period within which such amount would have been payable in accordance with the terms of the decree,whichever period is less;(b)in any other case, the non-payment of any instalment falling due during the specified period shall not be deemed to be a default for the purposes of such provision in the decree.(2)In any case to which sub-section (1) applies, the instalments falling due after the appointed day whether during or after the expiry of the specified period, shall be payable after the expiry of this Act in such manner, at such intervals and subject to such conditions as would govern the payment of the corresponding instalments under the terms of the decree, subject to the modification that the first of such instalments shall be payable-(i)in a case to which clause (a) of sub-section (1) applies, on the first day of the month immediately following the month in which the period for payment of the amount of instalments referred to in sub-clause (i) or (ii) of the said clause (a), whichever is applicable, expires;(ii)in a case to which clause (b) of sub-section (1) applies, on the first day of the month immediately following the month in which this Act expires.
