The holder of a charge decree is entitled to proceed against the properties other than those which are specifically charged under the decree.

JUDGMENT :- The Syndicate Bank, which is the respondent in this appeal, obtained a decree against the appellants for payment of Rs. 1,50,766-89 and costs, on a charge of 4000 shares in Pankaja Mills Ltd., and 101 shares in Pioneer Fertilisers Ltd. To execute the decree aforesaid, the Bank filed E. P. No. 380 of 1975 in the Sub-Court, Coimbatore for attachment and sale of the judgment debtors properties. But the properties sought to be proceeded against in execution were not the joint stock company shares mentioned in the decree as a charge, but were quite different. They consisted of an item of immoveable property which was a cinema house called "Central Theatre"and various item of machinery, furniture and fittings therein. The judgment-debtors resisted the execution. They submitted that the Bank should not be allowed to proceed against the Central Theatre before exhausting the remedy against the shares over which the decree had declared a charge.

2. The learned Subordinate Judge took the view that for executing the decree in this case the decree holder was not restricted to the charged properties alone. According to the learned Subordinate Judge, the decree-holder was at liberty to proceed against any of the other properties of the judgment debtors, unless it was shown that the execution petition was mala fide. On the facts, he found no evidence of mala fides on the part of the Bank. He, accordingly, entertained the execution petition and posted it for settlement of proclamation of sale.

3. The judgment-debtors have now come to this Court in appeal against the order of the learned Subordinate Judge. Mr. Vedantham, learned counsel appearing for the judgment-debtor reiterated before me the same contention as was advanced before the execution court.

4. Mr. Kasthuri Rangam learned counsel for the Bank, on the other hand, submitted that the levy of execution against the central Theatre was not bad, merely because the shares stood charged under the decree for payment of the debt and merely because those shares had not been proceeded against earlier for the realization of the decree.

5. The question which arises in the appeal is, whether the Bank is disentitled or disabled from proceeding against the properties of the judgment-debtors other than the shares charged under the decree. The answer to the question must be found, in my opinion, in the terms of the decree. Clause 1 of the decree directs the judgment debtors to pay the Bank Rs. 1,50,766-89. Clause 2 specifies the costs, and directs the judgment-debtors to pay the same. Clause 3 of the decree, which is relevant to the present purpose, is to the effect that "the shares mentioned in the plaint schedules I and II be a charge for the due payment of the amount to the plaintiff as mentioned in cls. 1 and 2 above."The decree would thus seem to be only a personal decree for money, and nonetheless so for its also declaring a charge over the shares. For the decree does not, in terms direct that the decree-holder should only proceed against the charged shares for the realization of the decree amount, or even that it should proceed against those shares in the first instance. Nor is there any prohibition or restriction which learned counsel for the appellants was able to point out to me under the law relating to execution. Order 21 rule 30 of the Code of Civil Procedure provides that every decree for the payment of money may be executed by the detention in the civil prison of the judgment-debtor or by the attachment and sale of his property or by both. The present execution petition has been filed by the respondent for attachment and sale of an item of immovable property which admittedly belongs to the judgment-debtors. Indeed, it is stated that this property had been attached before judgment during the pendency of the suit. It does not appear that any objection was taken by the appellants to that attachment on any of the grounds on which they now resist execution against the same pr