9911796707
TMI Blog1921 (4) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 2, that is to say, an order vesting in the Manager the management of the whole or any portion of the immoveable property of or to which the holder is then possessed or untitled in his own right, all proceeding which may then be pending in any Civil Court in British India or in any Revenue Court in Bengal in respect of such debt or liabilities shall be barred, and all processes, execu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all remedies which, but for Section 3, the creditor could enforce against the proprietor shall be enforceable against the proprietor as soon as he is restored to possession. 36. Now, the petitioner brought a mortgage section against four persons, of whom the opposite party was nun. After the commencement of the action there was a notification under Section 2 of the Act, with the consentience that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his property, and the sole question which we have to decide is, whether the petitioner can continua the suit which he instituted against the opposite parity notwithstanding toe fast that he has not obtained a decree against the mortgagors other than the opposite party. 37. Now it seems to me that the provision in Section 12 is closely analogous to what is known in the Chancery Courts as a proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kil who appears for the opposite party that a mortgage claim is an indivisible claim and the petitioner, having elected to proceed against some of the mortgagor?, has precluded himself from pursuing his remedy against the opposite party. That would be true under ordinary circumstances; but here we are dealing with exceptional legislation whish bars the remedies available to the creditor for no oth ..... X X X X Extracts X X X X X X X X Extracts X X X X
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