Damdupat under the Punjab Relief of Indebtedness Act applies to mortgage debt without satisfying the narrower debtor definition.

Section 30 of the Punjab Relief of Indebtedness Act, 1934 was held to apply to mortgage debt because it operates on any claim in respect of a "debt" within Section 7(1). The narrower definition of "debtor" in Section 7(2) was treated as confined to the debt conciliation scheme in Part IV and not as a condition for invoking Section 30 in Part V. The court followed the prior Full Bench view, approved by the Supreme Court, and rejected the contrary single-judge approach. Damdupat therefore limited the decree to the statutory ceiling, while proved expenses and consequential interest were also allowed.

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Issues: Whether Section 30 of the Punjab Relief of Indebtedness Act, 1934 applied to the mortgage debt and whether the term "debt" in Section 30 had to be read with the narrower definition of "debtor" in Section 7(2).

Analysis: Section 30 embodies the rule of damdupat and, in suits in respect of a debt as defined in Section 7(1), bars a decree for more than twice the amount actually advanced less amounts already received. The definition of "debt" in Section 7(1) is inclusive, while the definition of "debtor" in Section 7(2) is exhaustive and confined to the debt conciliation scheme in Part IV. The statutory scheme shows that Section 30 operates in Part V independently of the narrower status requirements in Section 7(2). The prior Full Bench view, approved by the Supreme Court, was followed, and the contrary single-judge view was not accepted.

Conclusion: Section 30 applied to the mortgage debt, and the benefit of damdupat was available without requiring the mortgagor to satisfy Section 7(2).

Final Conclusion: The decree was confined to the statutory ceiling under Section 30, while the plaintiff was also granted the proved expenses and consequential interest.

Ratio Decidendi: For applying Section 30 of the Punjab Relief of Indebtedness Act, 1934, it is enough that the claim is in respect of a "debt" within Section 7(1); the narrower definition of "debtor" in Section 7(2) is relevant only to the debt conciliation provisions and does not control Section 30.

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