Basanta Kumar Das vs Smt. Lakshmi Priya Dasi And Anr. on 7 March, 1988
15. The Allahabad High Court in the case of Hafiz Mohd. Ibrahim v. Bhagwan Das, AIR 1935 All 897, considered a case where a personal remedy under the mortgage deed had become barred by time long before the suit was brought and the mortgagee was simply entitled to a decree for sale of the mortgaged property. The Court held that an application by the legal representative of decree-holder for the execution of the mortgage decree for realisation of the amount by sale of the mortgaged property was not an application to obtain an order for the payment of hisdebt and as such no succession certificate was necessary.