Gumani Vs Ram Padarath Lal and Others

Straight, J.@mdashSection 43 of Act X of 1877, as amended by Act XII of 1879, is more apposite to the present case than s. 13. An obligation and a collateral security for its performance constitute the cause of action, and a plaintiff cannot be permitted to sue first in respect of the money-debt due on a bond hypothecating property, and afterwards, in respect of the same cause of action, for enforcement of lien. The appeal is dismissed with costs.