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1949 Supreme(Mad) 188

HORWILL, BALAKRISHNA AYYAR
Thiruvendipuram Dorairajam Nayanim Varu – Appellant
Versus
V. Vemaswami Rama Naidu – Respondent


Advocates:
N.R. Raghavachariar for Appellants.
K. Umamaheswaram for Respondents.

Judgment

Horwill, J.-A fairly simple question has been raised by the appellants, although: it has been argued with considerable vehemence by their learned advocate. A mortgage was executed by a mother and two sons; and mortgage decrees, preliminary and final, were passed against them. The hypotheca was brought to sale; but as it was insufficient to discharge the mortgage debt, an application was put in under rule 6 of Order 34 of the Civil Procedure Code for a personal decree against the two sons. Amongst other pleas, they stated that various payments had been made and that nothing remained due. Their objections were overruled and a personal decree was passed against the sons for the amount that the plaintiff claimed. In due course, execution was taken out; but by the time with which we are concerned both the sons had died and their legal representatives brought on record. The latter raised no objection to being brought on record as legal representatives; but when the decree was transmitted to another Court for execution against the family property of the two judgment-debtors and their legal representatives, objection was taken that no debt was due and that therefore the property wa





















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