https://www.taxtmi.com/caselaws?id=285070 Section 3 of Act XV of 1976 imposed an absolute bar on instituting suits for recovery of debt against an agriculturist during the moratorium, while Section 4 governed suits already pending on the Act's commencement. A suit filed in breach of Section 3 was not validly instituted, and the defect was not cured by the later expiry of the moratorium. The Court noted, however, that in the special circumstances of the cases, returning the plaint could better avoid hardship without prejudice to either side, particularly where statutory limitation protections and bona fide conduct were relevant. The suit was therefore treated as not maintainable when filed, but return of the plaint was considered the appropriate course in those cases. en-us Wed, 04 Aug 1982 00:00:00 +0530 Tue, 18 Apr 2023 12:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=285070 Section 3 of Act XV of 1976 imposed an absolute bar on instituting suits for recovery of debt against an agriculturist during the moratorium, while Section 4 governed suits already pending on the Act's commencement. A suit filed in breach of Section 3 was not validly instituted, and the defect was not cured by the later expiry of the moratorium. The Court noted, however, that in the special circumstances of the cases, returning the plaint could better avoid hardship without prejudice to either side, particularly where statutory limitation protections and bona fide conduct were relevant. The suit was therefore treated as not maintainable when filed, but return of the plaint was considered the appropriate course in those cases. Case-Laws Indian Laws Wed, 04 Aug 1982 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=285070