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1942 Supreme(SC) 13

LORD ROMER, SIR MADHAVAN NAIR, LORD ATKIN
BANK OF UPPER INDIA, LIMITED – Appellant
Versus
ROBERT HERCULES SKINNER – Respondent


Advocates:
Solicitors for appellants: T. L. Wilson & Co.
Solicitors for respondents Nos. 1 and 2: Hy. S. L. Polak & Co.

Judgement

Consolidated Appeals (Nos. 30-34 of 1936) from five decrees of the High Court (May 14, 1936) which modified five decrees of the Subordinate Judge of Meerut (December 22, 1928) by excluding from the decrees passed by the Subordinate Judge in suits for sale under five mortgages certain of the mortgaged properties which were the subject of a private sale agreement in favour of respondent No.

Law. Rep. 69 Ind. App. 130 ( 1941- 1942) Bank of Upper India, Limited V. Robert Hercules Skinner

42

1, R. H. Skinner, on May 30, 1914. The suits were brought by the appellants, the Bank of Upper India, Ld., to enforce simple mortgages executed on various dates between 1904 and 1912 in favour of the appellants by two or more of the respondents vendors.

The question in this appeal was whether acknowledgments of the respective mortgage debts made by the mortgagors after the date of the sale agreement of May 30, 1914, operated by virtue of s. 19 of the Indian Limitation Act to extend the time limited by art. 132 of the First Schedule to the Limitation Act for the bringing of suits by the appellants to enforce their mortgages against the subjects of the sale agreement in the hands of the resp

























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