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Venkata Reddi vs T.V. Dorasami Pillai on 5 August, 1932 cites

Nannu Mal vs Ram Chander And Ors. on 19 November, 1929

2. This shows that the mere fact that the decrees in which the set-off is sought are mortgage decrees or one of the two decrees is a mortgage decree, does not by itself amount to an objection to the set-off claimed. I do not mean to say that there may not be some other objection. Without any other objection the mere fact that one of the decrees is a mortgage decree is not enough to refuse the set-off. This is the view of the Allahabad High Court in Nagar Mal v. Ram Chand (1910) I.L.R. 33 All. 240 and this was always the view of the Madras High Court prior to the Civil Procedure Code of 1908.
Allahabad High Court Cites 24 - Cited by 21 - Full Document

Sheo Shanker Kaulapuri And Ors. vs Chunni Lal And Ors. on 2 June, 1916

240 had to be considered and was distinguished in Sheo Shankar v. Chunni Lal (1916) I.L.R. 38 All. 669. In that case the decree is a foreclosure decree which is of a nature giving simply an option to the mortgagor to redeem and if he does not, his right to redeem is simply foreclosed. It is not a decree to which ordinarily Order 21, Rule 20 applies. Therefore that case is distinguishable. But I will observe that even in a decree for sale it may be that the property is worth much less than the amount of the decree and the mortgagor may find it convenient to allow the property to be sold and in such a case if he is not liable for the deficiency it cannot be said that there is any decree for money against him and it may be proper to describe the decree as one giving an option like the decree for foreclosure.
Allahabad High Court Cites 2 - Cited by 5 - Full Document

Sheo Shankar And Ors. vs Chunni Lal And Ors. on 2 June, 1916

505 and Shed Shankar v. Chunni Lal (1916) I.L.R. 38 All. 669 are correct; but they do not apply to the facts of the case before us. Therefore in this case there is no objection to the set-off claimed. The set-off is a satisfaction of the decree to that extent and if the balance after set-off is paid, the whole decree must be regarded as satisfied. We now direct the Subordinate Judge of Vellore to proceed with the execution of the mortgage decree after setting off the money decree towards it and to proceed with the execution for the balance. The appellant will be entitled to his costs in appeal. In the Court below each party will bear its own costs.
Allahabad High Court Cites 2 - Cited by 1 - Full Document
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