P. B. MUKHARJI, J.

( 1 ) THIS matter arises out of a special report by the Registrar made under Chapter XXVI Rule 50 of the Original Side Rules of this High Court, seeking the opinion of this Court whether the Final Mortgage Decree for Sale, under which he is selling the mortgaged premises, has become barred by limitation. The Registrar in his Special Report dated 23-8-1954 states:"i make a Special Report to the Hon'ble Court seeking the opinion of the Court on the following questions: (1) Is the decree dated 20-4-36 barred by limitation? (2) If so, can any Reference proceedings be now initiated under the said decree? i direct Shri S. K. Ghosh, Solicitor, to take out a Notice of Motion and seek directions of the Court on the points contained in this Special Report, within a week from the re-opening of the Court after the Long Vacation. The Reference stands adjourned 'sine die' with liberty to mention. "the attorney for the plaintiff according to the directions pf the Registrar's Special Report took out the Notice of motion on 23-11-1954 as required under Rule 50 Chap. XXVI of the Original Side Rules.

( 2 ) A point of law of very considerable interest and importance arises for det

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