KEMPEGOWDA Vs. ANNEGOWDA

JUDGEMENT

(1.) The plaintiff filed a suit in the Court of the Subordinate Judge of Mysore on 1-6-1933 for recovery of Rs. 8,000 due for principal and interest on a registered mortgage bond dated 23-2-1921. The last date of payment made towards the debt is said to be 22-2-1929. After obtaining the usual preliminary and final degrees for sale he got the mortgaged properties sold, and the sale was confirmed on 17-1-44. The decree was thereby only partially satisfied and so, for the balance he applied on 16-1-1917 under Order 34, Rule 6 of the Code of Civil Procedure for a personal decree against deft. 2 and the assets of deceased defendant 1 in the hands of defendants 2 to 7.

(2.) It appears that the plaintiff bad made a similar application for the same relief on 2-6-1944 and that application which was posted to 23-5-1915 for defendants' objections was dismissed for default on the ground of plaintiff's absence.

(3.) The application was resisted by the defendants on two among other grounds, v.z. that the application was barred by limitation and (2) that it was barred by the principle of resjudicata by reason of the dismissal of the previous application.