DAMODAR SAKARCHAND Vs. VYANKU GANGARAM

JUDGEMENT

(1.) On the 8 of March 1902, a decree on a mortgage was passed in favour of the defendant Damodar Sakar. chand. It was thereby directed in effect that on default in pay. ment of the mortgage-money within six months the property should be sold and that if the sale proceeds were insufficient to pay the amount due on the mortgage the balance was to be recovered from the defendant Gangaram personally. On the 7 of November 1902, the plaintiff applied for a sale of the mortgaged property and in June 1903 it was sold for Rs. 575. Subsequently, on the 17 of the same month, the decree-holder purporting to proceed under the personal decree for the balance, applied for attachment of a house not comprised in the mortgage. On the following day the order for attachment was made and on the 19 of June the house, to which this suit relates, was actually attached.

(2.) On July 2nd the judgment-debtor, Gangaram, applied to have the sale of the mortgaged property set aside and by an order passed on the 4 of August the sale was set aside.

(3.) On the 17 of August the judgment-debtor applied to have the attachment of the house raised. The Court directed the attachment to be maintained, but ordered that the property should not be sold until the proceeds were found to be insufficient.