JUDGMENT

1. This case comes before us by reason of a difference of opinion between the Judges who decided Second Appeal No. 1696 of 1922.

2. The question is one of the interpretation of a decree passed in a suit for redemption of a mortgage, and the facts may shortly be stated as follows:

3. Babu Sheo Darshan Singh brought a suit for redemption of a mortgage and obtained on the 22nd of April 1919 a preliminary decree. The Court found that the plaintiff had to pay for redemption a sum of Rs. 1,747-8-6 for principal and interest and Rs. 69-2-0 for costs, making a total of Rupees 1816 10.6.

4. The item for costs just referred to included only two-thirds of the costs incurred by the defendants mortgagees. This sum was deposited by the plaintiff' mortgagor in the Court and on the 26th of 1919 a final decree under Order 34, Rule 8 was passed. On the 15th of July 1919 the plaintiff was put in possession of the mortgaged property.

5. Mean while the mortgagees appealed against the preliminary decree, and on the 2nd of December 1920 the appellate Court varied the preliminary decree by directing the payment of a larger sum and also by giving direction for payment of certain costs. The time for pay