1962 (3) TMI 113

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..... e in the case was obtained against the appellant by the respondent on the basis of a chitty hypothecation bond executed by the appellant in favour of the Investment Corporation on 27-5-1121. The rights under the bond were assigned to the respondent in 1124. ( 2. ) The learned Judge who heard the appeal has referred it to the Division Bench for the decision of the two points raised by the appellan .....

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..... is decision has been followed in another case of the same High Court - XVII TLJ 7. We respectfully follow the above decisions and hold that sub clause (xi) of clause (o) of S.2 has no application. ( 5. ) In the view we have taken on the above point, it is unnecessary to decide the second contention raised by the appellant in this case. ( 6. ) We allow this appeal, but make no order as to costs.< .....

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