Judgement

Consolidated Appeal (No. 4 of 1926) from two decrees of the High Court (January 29, 1924) affirming two decrees of the District Judge at Ambala (October 20, 1923).

The only question arising in the appeal was whether applications by the respondent bank for final mortgage decrees under Order xxxiv., r. 5, were barred by limitation under art.181 of Sch. I. of the Indian Limitation Act, 1908. Both Courts in India held that the implications were not out of J time under the article.

The material facts, and the ground upon which it was contended for the appellants that one of the

Law. Rep. 54 Ind. App. 52 ( 1926- 1927)

Fitzholmes V. Bank of Upper India 171

applications was out of time notwithstanding the decision of the Board in Jowad Hussain v. Gentian Singh (L.R. 531. A. 197.), appear from the judgment of the Judicial Committee.

1926. Nov. 9. Dunne K.C. and Dube for the appellants.

Sir G. Lowndes K.C., and Wallach for the respondent bank.

The judgment of their Lordships was delivered by

LORD PHILLIMORE. Their Lordships need not trouble counsel for the respondents.

The cases under appeal were two, one against husband and wife, and one against wife only, in respect of mortgages to