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1945 Supreme(All) 156

Megah Nath – Appellant
Versus
Collector, Cawnpore – Respondent


JUDGMENT

Mathur, J. - This is a defendants' second appeal. The suit out of which this appeal arises was brought by the Collector of Cawnpore as Manager of the estate of Raj Bahadur and Shiam Lal under the Court of Wards for recovery of sum of Rs. 800 by enforcement of a simple mortgage bond dated 7th February 1899, executed by Puttan the father of the defendants appellants. The mortgage money was payable by annual instalments of Rs. 25 each during a period of 32 years. It was further provided in the bond that the mortgagee was entitled to recover any instalment as it fell due and in default of its payment was further entitled to sue for the entire mortgage money. Among other pleas it was contended that the claim was barred by 12 years limitation as having been brought 12 years after the first default, when the money became due. The learned Munsif who originally tried the suit decreed the claim for recovery of Rs. 100 only being the last four instalments, while he dismissed the suit with regard to the rest of the claim as being barred by time. The plaintiff went in appeal and the learned Additional Civil Judge of Cawnpore modified the decree of the learned Munsif and passed a decree

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