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1905 Supreme(All) 80

BLAIR, BANERJI
Harnam Chandar – Appellant
Versus
Muhamad Yar Khan – Respondent


JUDGMENT :

BANERJI, J.:— This appeal has arisen under the following circumstances:— On the 30th of June, 1890, the appellant obtained a decree for sale under the provisions of section 88 of the Transfer of Property Act, An appeal was preferred to this Court from that decree and was dismissed on the 10th of April, 1893. Subsequently an order absolute for sale was made. The mortgaged property was sold by auction, and the amount of the decree as it then stood, was realised by the decree-holder. On the 27th of February, 1901, the judgment-debtors applied to this Court under section 206 of the Code of Civil Procedure for amendment of the decree and to bring it into accord with the judgment. The judgment of the Court of first instance, it, appears, had directed interest on the decretal amount to be charged at the rate of six per cent, per annum, but in the decree as drawn up interest was allowed at the rate of twenty-four per cent, per annum which was the contractual rate of interest. On the 19th of April, 1909, this Court allowed the application for amendment of the decree, and the decree was accordingly amended, the rate of interest payable under it being reduced to six per cent, per an

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