GOKUL PRASAD, PRAMADA CHARAN BANERJI
Gyan Singh – Appellant
Versus
Ata Husain – Respondent
JUDGMENT
Pramada Charan Banerji and Gokul Prasad, JJ. - This appeal arises out of an application for a final decree in a mortgage suit. The application which is now the subject matter of controversy was presented on the 12th of June, 1917. The question is whether this application was time-barred. The preliminary decree in the suit was made on the 30th of April, 1912. The suit was brought to enforce a mortgage against some of the properties comprised in the mortgage, on the ground that the other properties had been purchased by the mortgagees themselves. The court in making its decree declared the liability of each of the properties against which the mortgage was sought to be enforce and it also declared in its decree that each of those properties would be liable for a proportionate part of the amount found to be due upon the mortgage. Those amounts were specified in the decree and the property which was to be liable for those amounts was also specified. Six months were granted to the mortgagors for payment of those amounts. There was a further provision in the decree that the decree-holders would not be entitled to bring the property to sale unless they paid the amount of a prior mo
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