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1934 Supreme(All) 37

Bahal Singh – Appellant
Versus
Mt. Chameli – Respondent


JUDGMENT

1. This is a judgment-debtor's appeal from an order passed by the learned District Judge, Meerut, disallowing his objection to an application for execution made by the respondent decree-holder. The only plea on which the application was resisted by the appellant was that it was barred by limitation. The learned District Judge over-ruled the plea. Hence this appeal.

2. The respondent obtained a preliminary decree on foot, of a mortgage on 12th September 1923. The appellant preferred an appeal to the Additional Judge, Meerut, who dismissed it on 7th January 1924. A final decree was prepared on 4th November 1924 on the basis of the decree passed by the Court of appeal. The appellant preferred a second appeal to this Court, which was dismissed on 7th July 1926. After the decree passed by the High Court in appeal from the preliminary decree an application was made by the respondent that the final decree previously prepared be amended, as after the preparation thereof the High Court has upheld the preliminary decree and further costs had been incurred by the respondent and allowed to her by the decree of the High Court. The trial Court, allowed it and directed the amendment of the

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