JUDGMENT

Mears, C.J. and Plggott, J. - In this case, as the result of a redemption suit, a decree was passed giving the right of redemption to the mortgagor, and stating that Rs. 382 were surplus profits in the hands of the mortgagee under the terms of the usufructuary mortgage. That sum was arrived at after investigation by a Commissioner but he only took the cultivation down to the 25th of June Possession was given on the 2nd February 1922. A Preliminary decree was passed on the 18th November 19121, on which date the Commissioner had satisfied himself that there was a sum of money due from the mortgage have been given directions by the Judge with regard to the ascertainment of certain sum. On that very date the learned Judge's attention was called to the terms of Order, 34, probably rules 7 and 8 and possibly 9 and thereupon on the order sheet he made a statement that " when the decree is prepared the account will have to be made up to date." From the moment of making that memorandum on the 18th of November 1921 the matter was overlooked, with the result that the figure of Rs. 3,812 was ultimately decided by him to be the amount of surplus profits which the mortgagee should pay to