Mortgage Suit
nishad
(Querist) 05 October 2010
This query is : Resolved
I have case to discuss with our honb'le members..
A loan on the strength of the EM turned into NPA.A civil suit was filed as the cliam amount was less than 10 lacs.In the plaint,the advocate omitted mentioning the scheduled secured property and also omitted to mention as regarding the EM of the secured property in the account.When the decree came out it was in the nature of money decree and not as Mortgage decree.
Now what are our options to enforce the mortgage?
One option is to attach the said property at the stage of Execution ,but if the property is already sold before,then we are at loss.
Is it possible to file a fresh Mortgage suit for the same account? or please advise appropriate proceedings
Devajyoti Barman
(Expert) 05 October 2010
As decree is already passed then it would not be prudent to o for other suit and in any case the relief is already barred by order 2 rule 2 of cpc. If the secured property is already sold off, you could always cite other property of the judgement debtor to enforce the decree.
Uma parameswaran
(Expert) 06 October 2010
You could not file for same cause of action again. You can move against the other properties of the debtor as told by Expert .Barman.
