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1924 Supreme(Nagpur) 235

BAKER, PRIDEAUX
RAMACHANDRA MAHADEORAO – Appellant
Versus
GOVINDRAO – Respondent


Advocates Appeared:
Atmaram Bhagwant, B K Bose, D P Tiwari, H S Gour, P N Rudra, S A Ghadgay, V R Pandit, W R Puranik, Advocates

JUDGMENT

1. This is an appeal against an order of the Additional District Judge, Nagpur, allowing the respondents' application for review of judgment and reopening the case and directing that the 3ums due under the prior mortgage should be ascertained and considered a valid and good consideration for the mortgage bond in suit, The facts are that the plaintiff Govindrao brought suit No. 23 of 1922 on the basis of a mortgage bond dated 30-9-21, for the recovery of Rs. 8,683 odd, and the Additional District Judge, Nagpur, (Mr. Pande) disallowed the claim for Rs. 56,002/- odd mainly on the ground that at the time when the prior mortgages of 1920 were executed, the mortgagor (defendant 1) was not competent to execute them under paragraph 11 of the 3rd Schedule of the Code of Civil Procedure, as his property was under the management of the Collector, whose permission was necessary for their execution. The mortgages were therefore void and the amount due under them, which was included in the consideration of the mortgage bond in suit, was disallowed. The plaintiff presented an application for review on the ground that there was a mistake of law in the judgment, in view of the decision in N












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