Judgment

T. L. VENKATARAMA AYYAR, J. : This is an appeal against an order of the High Court of Calcutta dated August 6, 1956, rejecting the application of the appellant to be brought on records as appellant in Appeal No. 152 of 1955 pending before it.

2. The second respondent, Sudhir Kumar Mitter, was the owner of two houses, No. 86/1, Cornwallis Street and No. 7-C, Kirti Mitter Lane, Calcutta. On May 19 1934, :he executed a mortgage for Rs. 3,000 over the said houses in favour of the first respondent, Sm. Nirmala Sundari Dassi. She instituted Suit No. 158 of 1935 on this mortgage, and obtained a preliminary decree on March 8, 1935. The matter then came before the Registrar for taking of accounts, and by his report dated July 23, 1935 he found that a sum of Rs. 3,914-6-6 was due to her, and on that, a final decree was passed on April 20, 1936. Under R. 27 of ch. 16 of the Original Side Rules of the Calcutta High Court, a person in whose favour a decree is passed has to apply for drawing up of the decree within four days from the date thereof. The rule then provides that

"if such application for drawing up a decree or order is not made within the time aforesaid, the decree or order sha