JUDGMENT

1. This is an application for leave to appeal to His Majesty in Council. The plaintiff in the suit claimed a large sum exceeding Rs. 10,000 on the basis of a mortgage. This mortgage was denied by the defendant, the present applicant. The Court of first instance decided against him and decreed the claim in full. He appealed to this Court, and this Court affirmed the decision of the Court below upon the question of the fact and the validity of the mortgage. This Court, however, reduced the rate of interest awarded against the appellant by the Court of first instance. The result was that this Court modified the decree of the Court of first instance to the extent of about Rs. 300 But that modification, so far from being prejudicial to the interest of the present applicant, was in his favour. On the ground of this modification he seeks to appeal to His Majesty in Council on the question of the genuineness of the mortgage, and it is contended on his behalf that, as this Court did not affirm the decree of the Court below, he is entitled, as of right u/s 110 of the Code of Civil Procedure, to appeal to His Majesty. We do not think that this contention is valid. So far as the questi