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Judgment
6 paragraphs · 139 wordsWe agree with the decision in Veerana Pillai v. Muthukumara Asari ILR 27 M. 102 where the facts were the same as in this case, namely, that
the present suit was not barred u/s 43 of the Code of Civil Procedure. The right claimed in the previous suit was the recovery of the mortgage
money by the sale of the property which was quite different from the right claimed in the present suit, the possession of the mortgaged property.
We must, therefore reverse, the decrees of the courts below and direct that the suit be restored to the file of the District Munsif and disposed of
according to law. The respondents must pay the appellants'' costs in this and in the Lower Appellate Court. The costs of the Munsiff''s Court will
be provided for in the final decree.