JUDGMENT

1. This is a revision application under Section 115, Civil P.C., arising out of an application made by the judgment-debtor under Section 5 read with Section 30, U.P. Agriculturists' Relief Act (No. 27 of 1934) as amended by the U.P. Act No. 3 of 1935. It appears that the present applicants in revision obtained a decree for Rs. 1250-14-6 for profits from the Court of the Assistant Collector under Section 108(15), Oudh Rent Act, on 25th July 1935. The judgment-debtor applied on 24th February 1938, to the Assistant Collector for instalments. The learned Assistant Collector granted 12 yearly instalments to the judgment-debtor. Aggrieved by this decision, the decree-holders have come up in revision to this Court.

2. The only question which has been raised, before us is that the learned Assistant Collector had no jurisdiction to amend the decree under the Agriculturists' Relief Act and grant instalments, as the Court of the Assistant Collector is not a civil Court within the meaning of the U.P. Agriculturists' Relief Act. This plea of jurisdiction was not raised in the Court of the learned Assistant Collector and has been raised for the first time here. As the plea is one of jurisdiction, we have decided to entertain it. According to Section 2(5), U.P. Agriculturists' Relief Act, "Court" means a civil Court. It follows therefore that the Court to which an application should be made by a judgment-debtor for the fixation of the instalments under Section 5, U.P. Agriculturists' Relief Act, must be a civil Court and not a Revenue Court, even though the decree which is sought to be amended by the grant of instalments is a decree of the Revenue Court. Section 10 appearing in Chap. 3, U.P. Agriculturists' Relief Act, is the only section which provides that the applications under that chapter shall, if the principal money secured does not exceed Rs. 500, be brought before the Collector, and the word "Court" in such cases includes the "Collector." In other words, the only applications which can be made to the Collector, who is a Revenue Court, are applications under Chap. 3 which relates to mortgages and their redemption in cases where the principal money secured does not exceed Rs. 500 and no others. This conclusion is fortified by the use of the words "passed by a civil Court" after the word "decree" in Section 6, U.P. Agriculturists' Relief Act. We hold, therefore, that the word "Court" used in Section 5 of the Act does not include a Revenue Court. In this view the order passed by the lower Court was without jurisdiction. We allow the revision application, set aside the order passed by the learned Assistant Collector, first class, as being without jurisdiction and dismiss the application of the judgment-debtor for the grant of instalments. As the opposite parties have not appeared and the point was not raised in the Court below we allow no costs to the applicants.