JUDGMENT

Malik, CJ. - This case was referred to a Full Bench on the ground that the Bench decision in the case of Shiam Sunder Lal Vs. Data Ram and Another, AIR 1946 All 147 was not fully considered by the Full Bench in the case of Saran Singh Vs. L. Miththan Lal, AIR 1946 All 174 .

2. Mr. Isbaq Ahmad has appeared on behalf of the appellants and has raised before us a very ingenious argument which was not advanced before the Bench which made the reference.

3. One Narain had executed a mortgage on 5tb July 1908, in favour of Mahmud Hasan. Khan and others. The mortgagees filed a suit. for sale and obtained a preliminary decree on 31st March 1922. The final decree was passed on 13th December 1924. In the year 1943 the decree-holders filed an application for execution, and the judgment-debtor, Narain, filed an objection. The first point taken in this objection was that the decree had been paid up, the second point was that the application for execution was barred by limitation and, lastly, it was urged that the decree as it stood was not executable and it should be amended under Sections 8 and 9, United Provinces Debt Redemption Act (XIII [13] of 1940) as the judgment-debtor was an agri