Judgement

1 Law. Rep. 66 Ind. App. 84 ( 1938- 1939) Oudh Commercial Bank, Limited V. Thakurain Bind Basni Kuer 12

Appeal (No. 60 of 1937) from a decree of the Chief Court of Oudh (August 13, 1934), which reversed an order of the Subordinate Judge of Fyzabad (November 26, 1932).

In a mortgage suit the Subordinate Judge of Mohanlalganj made a final decree for sale on January 22, 1916. He allowed further interest on the sum awarded at 4 per cent. On the application of the judgment-creditor on September 7, 1916, the decree was transferred to the Subordinate Judge of Fyzabad for execution. On July 3, 1917, an application for sale was made to the Subordinate Judge of Fyzabad and the decree was sent to the Collector for execution. The Court of Wards, who then had charge of the debtors estate, in consideration of time being allowed for payment, agreed to pay interest at 6½ per cent., and made some payments on that footing. In September, 1917, the estate was released by the Court of Wards to the debtor and in December, 1917, the debtor repudiated the action of the Court of Wards and raised objections to the execution of the decree. The objections were dismissed by the Subordinate Judge. Aga