JAGAT NARAYAN, J.—This is a reference by the Munsif, Jalore under sec. 113 C.P.C.

2. One Nathudan filed an application before him under sec.6 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957, for determination of his "debt". His liabilities include some loan made to him by the State Government, under sec. 4(j) of the Act, the provisions of which are not applicable to "any other sum of money due to Government by way of or towards payment of a loan". It is contended that this provision is void as it is hit by Art. 14 of the Constitution.

3. The learned Advocate General concedes that it is so hit.

4. In Mukanchand Vs. Inder Singh (1) a Division Bench of this Court held that section 2(e) of the Rajasthan Jagirdars Debt Reduction Act was hit by Art. 14 of the Constitution. This part of the judgment was upheld by their Lordships of the Supreme Court (Civil Appeal No. 507 of 1961, decided on 26.2.64 State of Rajasthan Vs. Mukanchand) sec. 2 (e) of that Act ran as follows:—

"Debt means an advance in cash or in kind and includes any transaction which is in substance a debt but does not include an advance as aforesaid made on or after the first day of January 1949 or a debt due to—

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