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Gumani Vs. Ram Padarath Lal and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil;Property
CourtAllahabad High Court
Decided On
Judge
Reported in(1880)ILR2All838
AppellantGumani
RespondentRam Padarath Lal and ors.
Excerpt:
act x of 1877 (civil procedure code), sections 13, 43--act xii of 1879, section 7--bond for the payment of money hypothecating property as collateral security for such payment--omission of claim. - straight, j.1. section 43 of act x of 1877, as amended by act xii of 1879, is more apposite to the present case than s. 13. an obligation and a collateral security for its performance constitute the cause of action, and a plaintiff cannot be permitted to sue first in respect of the money-debt due on a bond hypothecating property, and afterwards, in respect of the same cause of action, for enforcement of lien. the appeal is dismissed with costs.
Judgment:

Straight, J.

1. Section 43 of Act X of 1877, as amended by Act XII of 1879, is more apposite to the present case than s. 13. An obligation and a collateral security for its performance constitute the cause of action, and a plaintiff cannot be permitted to sue first in respect of the money-debt due on a bond hypothecating property, and afterwards, in respect of the same cause of action, for enforcement of lien. The appeal is dismissed with costs.


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