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1904 DIGILAW 79 (ALL)

Bindraban v. Angad

1904-05-14

BURKITT, STANLEY

body1904
JUDGMENT : Stanley, J. The question raised in this appeal is concluded by the decision of a Full Bench of this Court in the case of Lalji Singh v. Gaya Singh, [1903] I.L.R., 25 All., 317. The suit was brought on foot of a bond which was given in full settlement of the amount due to the mortgagee under a simple money decree, and a further advance then made to the defendant. The bond was taken in full satisfaction of the decree, so that after its execution the decree was no longer capable of execution or enforcement. 2. The learned District Judge reversing the decree of the court of first instance, dismissed the suit on the ground that the bond sued on was an infringement of the provisions of section 257A of the Code of Civil Procedure, and was therefore void. For the reasons stated by the Full Bench in the case to which we have referred, it appears to us that the learned District Judge was in error. As the law upon this question has been fully discussed in the Full Bench case, it is unnecessary for us here to recapitulate what has been said on it. We therefore allow the appeal, set aside the decree of the learned District Judge, and as the appeal was decided upon a preliminary point, we remand the appeal under the provisions of section 562 of the Code of Civil Procedure, to the Court of the District Judge with directions that it be replaced 041 the file of pending appeals and be disposed of according to law. Costs here and hitherto will abide the event.