Judgment.:- This is a mortgagees second appeal against the appellate order of the learned District Judge of Bara Banki upholding the order for amendment of a final mortgage decree which was passed by the learned Munsiff, Ramsanchighat under S.8, U.P. Debt Redemption Act. A preliminary decree for sale was made on 08-12-1938, that is to say before the U.P. Debt Redemption Act came into force in 1941. The decree was against the three sons of the original mortgagor, Lachhman Singh and two transferees, Sanoman Singh and Mata Prasad Singh. Proceedings for making the decree absolute took place after the commencement of the Act, but the mortgagors did not claim the benefits of the U.P. Debt Redemption Act at that time with the result that the final decree was passed on 26-08-1944, for Rs.1102-15-7. An application for amendment under S.8 which gives rise to this appeal was filed subsequently on 09-9-01947, and it was opposed, amongst others, on the ground that the amendment was not warranted by the provisions of the Act. The two Courts below repelled the objection and reduced the decretal sum from Rs.1102-15-7 to Rs.575. The decree-holder has come up by way of second appeal. In view of the

Click Here to Read the rest of this document