R RATNASABAPATHY CHETTIAR Vs. VDEVASIGAMONY PILLAI

JUDGEMENT

(1.) The question referred to us for decision is the period of limitation applicable for the recovery of money due under a personal covenant contained in a registered deed of mortgage where the mortgage property has been sold and the claim is for the deficiency, whether the proper article to be applied is Art. 66 or Art. 67 as the case may be of the First Schedule of the Limitation Act or Art. 116 of the same schedule.

(2.) Art. 66 applies to cases on a single bond where a day is specified for payment and the period of limitation is three years computed from the day so specified. Art. 67 applies to cases on a single bond where no such day is specified, the period of limitation being three years computed from the date of the execution of the bond.

(3.) A single or simple bond is a bond merely for the payment of a certain sum of money without any condition in or annexed to it (Halsbury, Vol. III, p. 80). In Dixon, Heynes V/s. Dixon (1900) 2 Ch.D. 561 the distinction between single and double or double or conditional bond is pointed out by Collins, L.J. (at page 582).