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1951 (5) TMI 2 - SC - Indian LawsWhether the decrees were passed in "a suit to which this Act applies."? Whether the respondent as sub-mortgagee is an assignee within the meaning of sub-section (5) of section 36? Held that:- Appeal dismissed. The reference to the sub-mortgage containing an assignment of all the rights of the mortgagee must, in that context, be understood with reference to the sufficiency of the right assigned to enable the sub-mortgagee to sue the original mortgagor in his own right, so as to bring the relevant provisions of the Act into play as between them. The reservation made by their Lordships in the case of a sub-mortgage containing only a charge on the original mortgage is significant and supports this view
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