Madras High Court
Cheruvalath Kunhanari Valakkathala ... vs Theyyatath Koran on 11 February, 1914
Equivalent citations: 25IND. CAS.50, AIR 1915 MADRAS 414(1)
JUDGMENT
1. We overrule the preliminary objection that no second appeal lies.
2. On the merits we are bound by a uniform course of decisions of this Court to hold that where a decree directs the defendants to pay money to the plaintiff within a certain time and sale of mortgaged property in default, the decree is not only an ordinary mortgage-decree under Section 88 of the Transfer of Property Act (Order XXXIV, Rule 4, of the Code of Civil Procedure), but is also a decree for money, which may be executed against the other properties of the defendant. Any further order or decree under Order XXXIV, Rule 6, of the Code of Civil Procedure is unnecessary. The decree now in question may, therefore, be executed as a money-decree. On this ground we set aside the orders of the Courts below and direct the District Munsif to restore the petition to his file and dispose of it according to law.
3. Costs hitherto incurred will abide the result.