High CourtsDivision Bench(1914) 02 MAD CK 0004

Cheruvalath Kunhanari Valakkathala Ereehan alias Kuttappa and Others vs Theyyatath Koran

Madras High Court · Decided on 11 February 1914 · Citation: AIR 1915 Mad 414(1) : 25 Ind. Cas. 50

HON’BLE JUDGES
Sankaran Nair, J · Ayling, J

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Judgment

8 paragraphs · 163 words
1.

We overrule the preliminary objection that no second appeal lies.

2.

On the merits we are bound by a uniform course of decisions of this Court to hold that where a decree directs the defendants to pay money to

the plaintiff within a certain time and sale of mortgaged property in default, the decree is not only an ordinary mortgage-decree u/s 88 of the

Transfer of Property Act (Order XXXIV, Rule 4, of the Code of Civil Procedure), but is also a decree for money, which may be executed against

the other properties of the defendant. Any further order or decree under Order XXXIV, Rule 6, of the CPC is unnecessary. The decree now in

question may, therefore, be executed as a money-decree. On this ground we set aside the orders of the Courts below and direct the District

Munsif to restore the petition to his file and dispose of it according to law.

3.

Costs hitherto incurred will abide the result.