Somayya, J.

1. A preliminary decree for redemption of a usufructuary mortgage was passed on the 15th October, 1935, and the time fixed for payment was 15th January, 1936. The plaintiff did not deposit the amount on or before that date and did not ask for extension of the time under Order 34, Rule 7(2). She deposited the amount towards the end of 1942 and filed I. A No. 93 of 1943 on the 2nd February, 1943, under Order 34, Rule 8 of the Code of Civil Procedure asking the Court to pass a final decree with a direction to thedefendant to deliver the mortgaged property to her. The trial Court dismissed the petition and on appeal the Subordinate Judge confirmed the decree of the trial Court and hence this second appeal.

2. The appellant urges that her case is covered by the terms of Order 34, Rule 8 and that it enables her to pay into Court the amounts due from her as fixed under Rule 7(1) of Order 34, at arty time before a final decree debarring the plaintiff frpift all right to redeefn the mbrtgaged property is passed. Order 34 Rule 7 provides In a suit for redemption, if the plaintiff succeeds, the Court shall pass a preliminary decree-

(a) ordering that an account be taken of wh