The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and short notes of important decisions of other High Courts in India Monday July 29 1935

9361923 M. W. N. 57): Aplying these principles to the transaction under notice the result is that the promise to pay evidenced by the promissory note continues to exist as a personal liability of the debtor not that on the title deeds being deposited the promissory note is assimilaed to the mortgage and is extinguished. [...] 96 of the Transfer of Property Act makes the incidents of a simple mortgage applicable to a mortgage by dposit of title deeds sue for the balance of the mortgage debt on the personal covenant. [...] But if the suit is filed 3 years after the excution of the promissory note the personal liability of the mortgagor under the prornis sory note is barred and the decretal amount may only be recovered out of the property. [...] If the creditor first brings a suit for the money founding on the nromissory note the limtation will be three years from the date when the money becomes due that is to say from the date of the execution of the promisory note. [...] 21 r. 83 of the Civil Prcedure Code is the situation as it exists at the time of the issue of the certificate and that sub-section must mean that in spite of the fact that the property in question has been attached which would ordinarily invaldate any alienation according to the provsions of sec.