The Law Reports. Indian Appeals: Being Cases in the Privy Council on Appeal from the East Indies 1875-6

The cause of action was laid as having arisen on the 1st of Assadh 1274 F. S. the day when the promise of payment expired." The Appellant and Ritbhunjun Singh raised the defenCes (a) Champerty on the part of the fourteenth Plaintiff ; (b) The Statute of Limitations the cause of action arose on the date of the. [...] in all for Company's rupees 16 511 and bind myself for the payment of the said sum of money to the above said lady.'' This part of the bond contains a personal obligation on the part of the maker of the bond the Defendant No. [...] As already observed the instrument cotains two distinct things : the obligation to pay the money; which hinds the maker of it only and the mortgage of the land; and the plaint in the present suit is properly framed upon the instrment in that aspect. [...] It seeks to charge the first Defendant the maker of the bond Ritbhunj till Singh personally and it also claims to recover the amount of the principal and interest by the sale of the mouzahs (naming them) which were the hypothecated prperty included in the mortgage. [...] A Full Bench of the High Court in answer to quesions referred to it by the Division Bench in this suit ruled first that the Appellant had a right to sue the purchasers under the decree to recover back the estate inasmuch as the property belonged to him and the title under the decree against the widows was an invalid title ; and secondly that the deceased had no authority to mortgage his un