JUDGMENT

1. This is an application in revision against a decision of the Additional Civil Judge of Unao that proceedings for final decree shall be stayed. The decree-holder applicant had obtained a preliminary decree against the judgment-debtors opposite parties on 15th December 1934, and time for payment to avoid foreclosure expired on 15th June 1935. The decree-holder however did not apparently apply for a final decree then and on 10th August 1935, judgment-debtor 1 presented an application under the Agriculturists' Relief Act so that the original decree was amended under Section 5 on 22nd October 1935, by fixing eight instalments of which the first was due in May 1936. It was provided that in the case of three defaults the decree-holder could apply for making the decree final and on 5th July 1937 he made this application. Judgment-debtor 1 objected that he had applied under the Encumbered Estates Act and the proceedings must be stayed under Section 7 of that Act and therefore the Court could not grant a final decree. The Court upheld his contention and passed the order which is the subject of the appeal. The decree-holder relies on Section 3(4), Agriculturists' Relief Act, which lays, down that when instalments are in arrears the decree-holder may, notwithstanding the provisions of any law for the time being in force, immediately enforce payment of the whole amount remaining due under the decree, and in the case of a decree for sale or foreclosure apply that a final decree shall be passed. His contention is that the words "notwithstanding the provisions of any law for the time being in force" will override Section 7, Encumbered Estates Act, which stays all pending proceedings in respect of any public or private debt and prevents the institution of fresh suits or other proceedings. Section 3, Agriculturists' Relief Act, came into force on 30th April 1935, the same date on which the Encumbered Estates Act came into force, but the latter Act did not then contain Section 7. This Section in its present form and in its present place came into force on 18th July 1935, when the U.P. Encumbered Estates (Amendment) Act, 1935, was passed so that Section 7, Encumbered Estates Act, is subsequent to Section 3(4), Agriculturists' Relief Act. The Legislature may pass a law which overrides or repeals an already existing law, but the Legislature cannot pass a law which prevents itself subsequently passing a new law which overrides or repeals laws previously existing. We must hold therefore that Section 7, Encumbered Estates Act, overrides Section 3(4), Agriculturists' Relief Act, and not the contrary and that therefore the decision of the learned Civil Judge was correct. The application is therefore dismissed with costs.