Mortgage limitation rules: personal covenant may be time-barred while enforcement against the charged property remains available.

A mortgage gives rise to two separate remedies: enforcement against the mortgaged immovable property and a personal claim on the mortgagor's covenant. The limitation scheme was applied by treating the personal covenant as a distinct money demand subject to the applicable shorter period, while Article 132 was construed as governing recovery from the charged property itself. As a result, a suit on the personal remedy could be time-barred even though the security remained enforceable against the mortgaged property. The analysis confirms that limitation must be assessed separately for the personal covenant and the mortgage security.

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Issues: Whether, in a mortgage suit, the personal remedy against the mortgagor and his other property was barred by limitation while the remedy against the mortgaged property remained enforceable.

Analysis: The mortgage created two distinct remedies: one against the mortgaged immovable property and another based on the mortgagor's personal covenant. Section 4 of the Limitation Act, 1871 required suits brought beyond the prescribed period to be dismissed, and the schedule treated simple money demands and single bonds as subject to shorter limitation periods. Article 132, dealing with money charged upon immovable property, was construed as applying to recovery from the charged property itself, not to extend limitation for a separate personal claim on the covenant.

Conclusion: The personal claim was barred by limitation, but the remedy against the mortgaged property remained available.

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