Judgement

Appeal (No. 25 of 1942) from a judgment and decree of the High Court in its civil appellate jurisdiction (July 31, 1941), which reversed a judgment and decree of that court in its ordinary original civil jurisdiction (June 25, 1941).

The following facts, which were not in dispute, are taken from the judgment of the Judicial Committee The action out of which this appeal arose was brought by the plaintiffs, who were respondents 1-4, to obtain relief under the provisions of the Bengal Money Lenders Act, 1940, in respect of a mortgage dated May 25, 1914, whereby all persons interested in certain properties mortgaged them to the Maharaja of Darbhanga to secure the sum of Rs.6 lacs, with interest at six per cent, per annum. It is unnecessary to set out the title of the various parties. From time to time various amounts were paid to the mortgagee in respect of the sums due under the mortgage, and on June 12, 1935, in an action which he instituted against the mortgagors, a decree by consent was made in the action for some Rs.4,58,058, the balance due to him under the mortgage, which together with the amount already paid would exceed double the amount originally advanced. On Septe