JUDGMENT

Henry Richards, C.J. and Pramada Charan Banerji, J. - This appeal arises out of an application for a final decree in a mortgage suit. The preliminary decree was passed on the 27th of August, 1908, and six months were allowed to the defendant to pay the mortgage-money. It is stated in the petition filed by the decree-holder that no payment was made. He made an application on the 26th of August, 1911, for a final decree under Order XXXIV Rule 5. That application was dismissed for default on the 9bh of April, 1912. On the 10th of September, 1912, the present application was made for a final decree. It was opposed on two grounds, first, that the order dismissing' the previous application was a bar to the present application and, secondly, that the application was time-barred. The court of first instance allowed the first objection and did not decide the second. It dismissed the application now made. Upon appeal the lower appellate court disagreed with the court of first instance and remanded the case for proceeding with the application.

2. So far as the first point is concerned the defendant's objection was without force, because, the first application having been dismissed for