CANARA BANK ADUTHURAI Vs. ASHA ENGINEERING AND COMPANY

JUDGEMENT

(1.) AN interesting question arises out of the order passed by the learned Subordinate Judge, Kumbakonam in E.P.No.22 of 1984 in O.S.No.143 of 1982.

(2.) THE question is, whether a money decree containing a charge over the suit properties (movables) of the due realisation of the amount decreed can be put into execution straightaway, or as decided by the learned Subordinate Judge, the decree cannot executed as no preliminary decree had been passed giving time for the defendants.

(3.) IN Ramaswami Naidu v. Subbaraya Thevar, 49 M.L.J. 490, a Division Bench of has taken the following view: "The fact that in a suit for money a charge has been created by the decree does not the suit into a mortgage suit and make the provisions of O.34 of C.P.C. applicable. be no question of a preliminary decree and a final decree in such a case.".