Judgement

Appeal from an appellate order of the High Court (July 20, 1911) affirming an order of Fletcher J. (May 13, 1910).

The sole question for determination in the appeal was whether or not an application made on July 3, 1909, was barred by limitation.

By a registered mortgage dated January 25, 1886, the first respondent mortgaged to Amlook Chund Parruck (represented in the appeal by the appellants) his share in certain properties in Calcutta.

The mortgagor made default in repayment and the mortgagee instituted a suit upon the mortgage in the High Court. In that suit a decree was made by consent on December 16,

90 Law Rep. 42 Ind. App. 88 ( 1914- 1915) Munna Lal Parruck V. Sarat C hunder Mukerji 191

1886, for payment of Rs.25,832 in six months, with a provision that in default of payment the mortgaged properties should be sold and that the mortgagor should pay any deficiency which should arise upon the sale.

In 1903 the first respondent sold his interest in one of the mortgaged properties to a purchaser who resold it to the second respondent.

On July 3, 1909, the mortgagee filed an application to the High Court for an order joining the second respondent as a party to the suit,