JUDGMENT

Sabharwal J.-In a mortgage suit, a preliminary decree was passed in favour of the appellant on 18th November, 1968. The said decree directed the payment of the sum of Rs. 24,000/- in four equal instalments. The first instalment was payable on or before 31st March, 1969 and subsequent instalments by 31st day of March of each succeeding years. Thus the last instalment was payable on 31st March, 1972. The decree further stipulated that in case of default of payment of any one of the instalments, the plaintiff may, subject to the provisions of Bengal Money Lender s Act, 1960 (for short, Begal Act), apply to the Court for a final decree for sale of the mortgaged property and on such application being granted, the mortgaged property or a sufficient part thereof shall be directed to be said.

2. It has not been questioned that neither the first instalment payable under the decree on or before 31st March, 1969, was paid by the defendants nor was any subsequent instalment paid.

3. Order 34 Rule 2 of Code of Civil Procedure inter alia stipulates grant of six months time to the defendants to pay the mortgage amount stipulated under the preliminary decree and on default of payment, the p