Judgement

APPEAL from a decree of the High Court (Nov. 18, 1885) reversing a decree of the Subordinate Judge of the 24-Per-gunnahs (June 7, 1883).

The plaint was filed on the 6th of September, 1882, i.e., after the Civil Procedure Code of 1882 and the Transfer of Property Act of the same year had both come into force; sect. 2 of the latter Act repealed wholly the Bengal Regulations 1 of 1798 and 17 of 1806 relating to redemption and foreclosure of mortgages and conditional deeds of sale.

The Plaintiff sued under the sections of the Transfer of Pro perty Act, 1882, relating to mortgages, as assignee of the interest which had belonged to one Shamasoondari Debt in the lands in suit, and sought to enforce against the Defendants, twenty-nine in number, of whom the first, Hurrinarain Dey, was the mortgagor, and the other purchasers subsequent to the mortgage of parts of the mortgaged premises, the mortgage securities which as such assignee he was entitled to.

The Courts below differed as to the law of limitation which governed the case as regards the purchasers front Hurrinarain Dey.

The facts of the case and the proceedings are sufficiently stated in the judgment of their Lordships.

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