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Execution of
Composite decree comprising a money decree personally
against all defendants-judgment debtors, and also a mortgage
decree against ... with permission to the appellant to apply for a personal
decree against him for any deficiency after the sale
Supreme Court of India
SC1678 (6,16)
ACT:
Execution--Personal decree against mortgagor--Mortgaged
estate vesting in the State--Effect on claim pending--Bihar ... against the mortgaged properties with a
direction for a personal decree for the balance and there
followed a final mortgage
Supreme Court of India
properties mortgaged and the other by way of a personal decree
against the mortgagor for what may remain due after ... plaintiff's claim,
viz., that relating to the personal decree, is awaiting adjudication,
it must prima facie be open
Madras High Court
right, the decree for pre-emption would be a
personal decree and was not assignable and even ... decree in a suit for pre-
emption is a personal decree and creates no interest in land
must fail
Supreme Court of India
instead of that decree itself embodying a
conditional decree personally against the mortgagor for the balance due
after sale ... plaintiff be at liberty to apply
for a personal decree for the amount of such balance. It was sometime
after
Madras High Court
mort-
gage decree against the respondent and thereafter a personal
decree for the debt remaining due to him 'after sale ... property mortgaged. The appellant applied for execution of
the personal decree and thereupon the respondent sued for
relief under
Supreme Court of India
acts of devastavit. The learned
Subordinate Judge granted a decree personally against defendant 1 for
rendition of accounts ... three items of the
hypotheca and for a personal decree against the other properties
belonging to the estate of Robert
Madras High Court
23rd December, 1954, and has
finally held that a personal decree against the judgment-debtor had
already been passed ... hypothecated properties of the judgment-debtor for no personal
decree under Order 34, Rule 6, Civil Procedure Code
Patna High Court
interest thereon, and for Rs. 44,164 as a personal decree in
respect of the declaration in the mortgage bond ... which had been allowed, but
also as to the personal decree.
21. The appeal was heard by Sir Dawson Miller
Bombay High Court
decree whether he
intended to give a personal decree against the second defendant in
respect of this 7/10ths ... suit amount. He declined to pass a
personal decree against the first defendant or against the inamdars
Madras High Court
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