Judgement

Appeal (No. 70 of 1926) from a decree of the High Court (September 1, 1921) affirming a decree of the Subsidiary Judge of Sivaganga.

The suit was brought on October 7, 1915, by the appellant to enforce a mortgage executed on March 19, 1910. Two questions arose—namely, (1.) whether the suit was barred by the Indian Limitation Act, 1908, Sch. I., art. 11, and (2.) whether the mortgage was void as having been executed to defeat or delay creditors.

The facts appear from the judgment of the Judicial Committee.

The Subordinate Judge held that the suit was not barred by limitation, but that the mortgage was not supported by consideration and was executed in order to defeat creditors. He dismissed the suit.

The High Court affirmed the decree, holding that the mortgage was valid, but that the suit was barred.

1928. Feb. 14, 16. Dunne K.C. and Narasimham for the appellant.

De Gruyther K.C. and Parikh for respondents Nos. 5-12.

[Reference was made to Thakur Barmha v. Jiban Ram Marwari (( 1913) L. R. 41. I.. A. 38.) ; Mina Kumari v. Bijoy Singh Dudhuria (( 1916) L. R. 44 I. A. 72.); Ramasami Naik v. Ramasami Chetti (( 1907) I. L. R. 30 M. 255, 264.); Order xxi., rr. 54, S&-63.]

March