Judgement

SUBBA RAO, J. : This appeal arises out of the fresh preliminary decree dated May 24 1961, made by the Senior Civil Judge, Ajmer, pursuant to the directions given by this Court in Civil Appeal No. 383 of 1956 and by the High Court in Civil Revision Petition No. 181 of 1956.

2. It will be recalled from the facts narrated in (Gyarsi Bai v. Dhansukh Lal) Civil Appeal No. 257 of 1968* in which we have just delivered judgment that the Senior Subordinate Judge, Ajmer, in making the preliminary decree disallowed interest to the appellants from September 14, to March 13, 1950, on the mortgage of Rs. 25,000. The appellants preferred Civil Appeal No. 71 of 1953 against the said decree in so far as it disallowed the said interest to 1936 the Judicial Commissioner, Ajmer, and the respondents filed cross-objections against that part of the decree awarding costs against them. On August 25, 1954, both the appeal filed by the appellants and the cross-objections filed by the respondents were dismissed by the Judicial Commissioner, Ajmer Against the decree of the Judicial Commissioner dismissing Civil Appeal No. 71 of l953. the appellants, by special leave, preferred an appeal to this Court.