JUDGMENT

VENKATACHALA,J.:—Was the High Court of Gujarat justified in striking down the expression "or an order reducing his debt is made" used in sub-section (2) of Section 14 of the Gujarat Rural Debtors Relief Act, 1976 - "the Act" on the ground that it is ultra vires Article 19(1)(f) and Article(1)(g) of the Constitution by its judgment in Vora Saiyedbhai Kadarbhai v. Saiyed Intajam Hussen Sedumiya, AIR 1981 Guj 154 is the only question which arises for our consideration and decision in these Civil Appeals, by special leave since the special leave in them is granted by this Court confined to that question.

2. The striking down of the said expression in sub-section (2) of Section 14 of the Act as unconstitutional by the High Court, enables a creditor to retain the property pledged or mortgaged with him by the debtor as security for his debt where such debt is merely scaled down and not fully wiped off under the provision of the Act. But, the said expression, if had not been struck down by the High Court, a properly pledged or mortgaged with the creditor as security by the debtor for his debt would have stood released from the security and returned by the creditor to the debtor for