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1975 Supreme(Cal) 366

SABYASACHI MUKHARJEE
RATHINDRA NATH MITRA – Appellant
Versus
ANGURBALA MULLICK – Respondent


Advocates Appeared:
A.N.BOSE, N.G.Menon, P.K.DAS, S.SEN

SABYASACHI MUKHARJI, J.

( 1 ) THIS is an application for a final decree in a mortgage suit. But it raises interesting questions. On the 7th March, 1975, a preliminary decree was passed in suit No. 280 of 1974 instituted by the petitioner Rathindra Nath Mitra in this Court. By the preliminary decree after recording the charge it was ordered and decreed, inter alia, as follows:--"i. That the defendants do pay into Court to the credit of this suit the said sum of Rs. 51,687/- with interest at the rate of 6% on the said principal sum of Rs. 43,500/- within six months of the date hereof or any later date up to which time for payment may be extended by the Court such sum as may be found due and the taxed costs of the suit awarded to the plaintiff. II. That, on such payment and on payment thereafter before such date as may be fixed of such amount as may be adjudged due in respect of such costs of the suit, and such costs, charges and expanses as may be payable under Rule 10, together with such subsequent interest as may be payable under Rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure 1908 the plaintiff shall bring into Court all documents in his possession or









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