Judgement

Appeal (No. 74 of 1919) from a judgment and decree of the High Court (July 21, 1916) reversing a decree of the Subordinate Judge of Murshidabad.

The suit was instituted by the appellants on September 9, 1912, against the respondents, the representatives of one Dhanpat Singh, deceased, under a covenant of indemnity contained in a deed executed by Dhanpat Singh on April 23, 1894. The facts of the case and the terms of the deed appear from the judgment of the Judicial Committee. Shortly stated, the plaintiffs sought to recover with interest a sum which they had paid on February 2, 1910, to discharge a preliminary mortgage decree made by the High Court at Calcutta on August 26, 1905. The appellants had appealed against the decree to the Privy Council, but had paid the sum in question in settlement and had ceased to prosecute the appeal, which was dismissed for want of prosecution on April 16, 1910.

The Subordinate Judge made a decree in favour of the appellants. He was of opinion that the defendants having received notice of the application to enter up satisfaction of the decree, it was not open to them to contend that the decree was barred by limitation, and that consequentl