Judgement

Appeal from a judgment and decree of the High Court (May 24, 1915) affirming a decree of the additional Subordinate Judge of Mozufferpur (October 19, 1909).

The suit was instituted by the appellant in 1907 against numerous defendants, including the present respondents, for a sale decree under a mortgage dated May 13, 1892, of which he was the assignee. The substantial question for determination was whether with regard to two villages named Pandharia and Gamharia, in the possession of respondents referred to as the Sahus, the appellant was estopped by a mortgage decree dated August 6, 1906, in Suit No. 100 of 1906. The facts appear from the judgment of their Lordships.

The High Court (Fletcher and Richardson JJ.), affirming the decision of the Subordinate Judge, held that the appellant was estopped under s. 11 of the Code of Civil Procedure, 1908, by the decree made in Suit No. 100 of 1906.

1919. Oct. 31; Nov. 3. Dunne K.C. and E. B. Raikes for the appellant. The appellant is not estopped by the decree in Suit No. 100 of 1906 from setting up and enforcing against the villages Pandharia and Gamharia the mortgage of April 28, 1894. The appellants assignor was joined in that