JUDGMENT

Dalal, J. - The learned Judge of the lower appellate Court was misled by a slip made in a judgment of this Court. It is a Bench judgment, Kasumari Das Vs. Makku and Others, AIR 1927 All 227 The report is quite correct. In dictating the judgment it was stated by the Court that the suit was one for redemption when it was really one for sale. I sent for the record as it seemed somewhat strange that a Bench of two Judges should have decided that a suit for redemption was a suit for the recovery of a debt. Mr. Kaul, on behalf of the respondent, argued that in any way there is the opinion of this Court that a succession certificate is necessary before a decree can be passed in a suit for redemption. When there is an obvious error made in dictating the judgment it cannot be said that such is the opinion of this Court In the mind of the learned Judge the thought of a mortgage debt was present and not redemption as would appear by his quoting the case of Fateh Chand v. Mohammad Baksh [1894] 16 All. 259, and saying that a succession certificate was necessary in respect of a mortgage debt.

2. u/s 214, Succession Act No. 39 of 1925, no Court shall pass a decree against a debtor of a de