1902 (12) TMI 2

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..... ing that he is also entitled under Section 176, Indian Contract Act, to sell the property without reference to the Court. 2. It is obvious that a right to sue for the sale of the property exists even in the absence of a right to sue for a personal decree against the debtor for the money lent. It would be clearly so if it had been agreed between the parties that no personal liability for the deb .....

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..... ich is relied on in Nim Chand Baboo v. Jagabundhu Ghose I.L.R. 22 C. 21 when the learned judges dissented from Vitla Kamti v. Kalekara I.L.R. 11 M. 153. We think that the law is correctly laid down by the Calcutta High Court in that case. It has been followed in Allahabad in Madan Mohan Lal v. kanhai Lal I.L.R. 17 A. 284. 5. We accordingly answer the question referred to as follows: 6. The c .....

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..... ely an incident in the nature of an accessory to the right to recover the debt which became barred with the right of suit for that debt. 8. The case here, is, however, different in one respect from that just quoted. There the property was only hypothecated. Here there was a pledge within the meaning of Section 172 of the Indian Contract Act, and the rights of the pawnee (the plaintiff) are .....

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