CHANDI CHARAN ROY CHOWDHRY Vs. AMBIKA CHARAN DUTT

JUDGEMENT

(1.) This is an appeal against an order of the Subordinate Judge of the 24-Pergunnahs passed in an execution case. The Subordinate Judge has held that execution of the decree is barred under Section 230 of the Civil P. C..

(2.) The decree in question is dated the 27 July 1885. It is a mortgage decree and provides for the realization of the debt due by the sale of the mortgaged properties and directs that, if the full amount of the debt is not so satisfied, then the balance is to be realized by the sale of the other properties of the judgment-debtors. This decree is, strictly speaking, not in proper form. There should, according to the Transfer of Property Act, have been first a decree under Section 88 for the sale of the mortgaged properties, and then a decree under Section 90 for the balance remaining unpaid.

(3.) The mortgaged properties were sold off some time in or previous to 1890. The present application is for the sale of the other properties of the judgment-debtors and was made on the 10 July 1902.