Hardeo Das v. Hukam Singh

[321] Pearson, J.:— The appeal must, in our opinion, prevail. The, lower Court has erred in applying the provisions of S. 210, Act X [322] of 1877, to this suit, which is not a mere suit for money, but asks for the, recovery of the amount of a bond-debt by the sale of the property, hypothecated in the bond. Section 210 was not intended to enable the Courts to set aside and override such a contract as that on the basis of which the present claim is laid. The security over the hyhothecated property which it gave for the payment of the debt would be of little value, if it could be so set aside and overridden. The plaintiffs are entitled to an award against the defendants of the principal sum (Rs. 12,000), with interest, at the rate of twelve per cent, per annum to date of decree, and to interest from the latter date to the date of realization at the rate of six percent, per annum, and to their costs with interest thereon at the same rate and to be empowered to recover the amount of the bond-debt by the sale of the hypothecated property. The decree of the lower Courts is modified, accordingly; and the costs of this appeal are allowed.