JETHABHAI RANCHHODBHAI DESAI Vs. BAI CHANCHAL

JUDGEMENT

(1.) THIS is an application in revision against an order made by the District Judge of Kaira, upholding a decision of the First Class Sub-ordinate Judge, and the question arises under the Provincial Insolvency Act, as amended in 1939.

(2.) THE position of the original applicant is this. In 1934 she obtained a preliminary mortgage decree for a sum of Rs. 5,425 and costs. THE decree has not been translated, but we are told that it was in the ordinary form, and directed payment into Court of the amount stated within six months; on payment the mortgagee to reconvey the property; and on default of payment, liberty to the mortgagee to apply for sale. THEn in December, 1934, a final decree was made directing the property to be sold, and giving the mortgagee liberty to apply for a personal decree for the amount of the debt not covered by the proceeds of sale.

(3.) WE must, therefore, reverse the decision of the lower Court, and dismiss the creditor's application, with costs throughout.