AIR 1930 RANGOON 257

Rangoon High Court

Hon'ble Judge(s): Brown , J

* Civil P.C. (5 of 1908) , S.141, O.9 R.9— Sale proceeds of mortgaged properties insufficient - Application for personal decree against mortgagor dismissed for default - Fresh application is barred under O.9, R.9 - Civil P.C., O.34, R.6. An application for a personal decree against a mortgagor where the sale proceeds of the mortgaged properties are insufficient to satisfy the decree is not an application in execution proceedings but is an application for a decree. Where such application is dismissed for default a fresh application is barred under O. 9, R. 9. Proper remedy of decree-holder is to set aside the order dismissing the application for default: