1902 (12) TMI 2

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....tiff is entitled to sue for the sale of the property pledged to him, notwithstanding that he is also entitled under Section 176, Indian Contract Act, to sell the property without reference to the Court. 2. It is obvious that a right to sue for the sale of the property exists even in the absence of a right to sue for a personal decree against the debtor for the money lent. It would be clearly so....

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....rawn to these earlier decisions. They were followed in the Full Bench decision which is relied on in Nim Chand Baboo v. Jagabundhu Ghose I.L.R. 22 C. 21 when the learned judges dissented from Vitla Kamti v. Kalekara I.L.R. 11 M. 153. We think that the law is correctly laid down by the Calcutta High Court in that case. It has been followed in Allahabad in Madan Mohan Lal v. kanhai Lal I.L.R. 17 A. ....

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....n as it was ruled in Villa Kamti v. Kalekava I.L.R. 11 M. 153 that this was merely "an incident in the nature of an accessory to the right to recover the debt " which became barred with the right of suit for that debt. 8. The case here, is, however, different in one respect from that just quoted. There the property was only hypothecated. Here there was a "pledge" within the meaning of Section 1....