Judgement

Appeal (No. 44 of 1932) from a decree of the High Court (May 6, 1929) affirming a decree of the Subordinate Judge at Basti (April 29, 1924).

On June 7, 1920, the appellants, upon an appeal to the High Court, obtained a preliminary mortgage decree. The question arising in the present appeal was whether an applica tion by them on August 6, 1923, for a final mortgage decree was barred by limitation, and involved a consideration of the effect of s. 4 and s. 14, sub-s. 2, of the Indian Limitation Act, 1908.

The facts and the terms of the relevant sections of the Act appear from the judgment of the Judicial Committee.

Both Courts in India held that the application was barred. In the High Court the learned judges (Sulaiman and Pullan JJ.) in reference to the effect of s. 4 of the Act referred to the Madras decisions in Mira Mohidin Rowther v. Nallaperumal Pillai (( 1911) I. L. R. 36 M. 131.) and Ummathu v. Pathumma (( 1921) I. L. R. 44 M. 817.) and stated that the view there taken had been followed in a case in Allahabad. They disagreed with the view expressed in Basvanappa v. Krishnadas. (( 1920) I.

L. R. 45 B. 443.)

1935. Feb. 7. Abdul Majid for the appellants. The period betw