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TMI Blog1884 (12) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... a mortgage debt; he alleges that the defendant has failed to pay both principal and interest, and prays that the principal and interest may be enforced against the mortgaged property, and also by rendering the person of the defendant and his other property liable. Therefore, although it is a mortgage suit, there are two distinct remedies sought, one against the mortgaged property, and the other by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt that if I fail to pay the principal with interest on the promised date, the mortgagees will be at liberty to recover through Court their whole money in a lump sum from me or the mortgaged property. The mortgagor thus gives the mortgagee a pledge of certain fixed Immovable property, and also gives as a further security his personal bond or covenant. A period of nearly ten years elapsed from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al security. Their Lordships are of opinion that the District Judge is wrong in point of law. There are two remedies distinctly sought in the plaintiff's petition, the one against the mortgaged property, the other against the person and against the other property of the defendant. As to the mortgaged property there is now no question. Their Lordships are of opinion that the Law of Limitation, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rears of rent, and suits by mortgagors to recover surplus from mortgagee. The six years' limit embraces suits on foreign judgments and some compound registered securities. The 12 years' period is made applicable principally to suits in respect of Immovable property, though it also applies to judgments and recognizances in India. But the counsel for the appellant relied upon the language of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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