Judgement

Appeal (No. 28 of 1924) from a decree of the High Court (March 22, 1922) affirming a decree of the Subordinate Judge of Gaya.

On February 23, 1915, the respondents obtained a preliminary mortgage decree under Order xxxiv., r. 4, sub-r. 1. In May, 1915, they appealed from that decree to the High Court, contending that two items had been erroneously excluded from the amount of the decree. On August 22, 1915, the time fixed for payment by the preliminary decree expired without any payment having been made. On May 21, 1917, the High Court dismissed the appeal from the preliminary decree without extending the time for payment. On February 21, 1919, the respondents applied for a final mortgage decree under Order xxxiv., r. 5, sub-r. 2. The appellant filed an objection that the application was barred by limitation.

Law Rep. 53 Ind. App. 197 ( 1925- 1926)

Jowad Hussain V. Gendan Singh 85

The trial judge held that the application was not barred by the Indian Limitation Act, 1908, Sch. I., art. 181, as it was made within three years of the date of the decree of the High Court upon appeal. The High Court (Das and Adami JJ.) affirmed the decision. The appeal is reported at I. L. R. 1 P