Judgement

Appeal from a judgment and decree of the High Court (June 4, 1910) affirming a judgment and decree of the Subordinate Judge of Agra (September 8, 1908).

The question for determination in the appeal was whether the Courts below had rightly dismissed an application made by the appellant to execute a decree dated March 29, 1898.

One Sheo Narain brought a suit to enforce a mortgage, joining as defendants the mortgagor, certain transferees of the equity of redemption, and (according to the then existing practice) certain prior mortgagees. On Mardi 29, 1898, the Subordinate Judge of Agra made an order in that suit ordering that the plaintiff should pay to the prior mortgagees a stated amount (being the amount due to them) within five months, and that if he failed to do so his suit should stand dismissed, but that if he carried out the conditions of the order then it was decreed that a stated sum (being the amount due upon his mortgage) should be payable to him, and that if this payment was not made by a fixed date the property should be sold.

Sheo Narain appealed to the High Court against that part of the order which imposed the condition as to payment to the prior mortgagees.