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1911 DIGILAW 327 (ALL)

Subrani v. Puran Singh

1911-11-24

CHAMIER

body1911
JUDGMENT : CHAMIER, J. The only question in this case is whether a decree for sale in enforcement of a mortgage is immoveable property within the meaning of Order 21, Rule 89. The applicant held a decree for sale on a mortgage. The respondent in execution of a money decree against the applicant attached the decree for sale and brought it to sale. The applicant then applied under Order 21, Rule 89, to have the sale set aside and he deposited the amounts specified in that rule. The courts below have held that the applicant's decree was not immoveable property within the meaning of Rule 89. 2. It appears to me that they were right. Whatever doubts there may have been on the subject previous to the passing of the present Code of Civil Procedure, it seems to me that Order 21, Rules 53 and 54 make it quite clear that a decree for sale in enforcement of a mortgage is not to be regarded as immoveable property within the meaning of that order. 3. It will be observed that Rule 53 provides for the attachment of decrees either for payment of money or for sale in enforcement of a mortgage and Rule 54 provides for the attachment of immoveable property and I need hardly add that in the case of the attachment of a decree in enforcement of a mortgage it is not the practice to follow the provisions of Rule 54. 4. The application is dismissed with costs.