JUDGMENT

Ashutosh Mookerjee, J. - This appeal is directed against the decree of dismissal in a suit to enforce a mortgage security executed by the first defendant in favour of the plaintiff on the 21st October 1902 On the 17th August 1905, the first defendant was declared a dis-qualified proprietor under the Chota Nagpur Encumbered Estates Act, 1876, and his estate was vested in a Manager appointed u/s 2 of that Act. In answer to a notification issued by the Manager, the plaintiff preferred his claim before him on the 4th January 1906. On the 16th August 1906, the Manager determined that he was entitled to realise Rs. 6,843 on the bond and stated that an effort would be made to pay off his dues. The plaintiff, however, objected that Act VI of 1876 could not affect his claim under the bond, as the mortgaged property lay in the District of Shahabad beyond the limits of Chota Nagpur. The Deputy Commissioner, on the 24th October 1906, referred the plaintiff to the Civil Court for the determination of this objection. The plaintiff thereupon commenced the present action on the 19th September 1907 in the Court of the Subordinate Judge of Arrah to realise his dues by sale of the mortgaged p