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1929 Supreme(Nagpur) 138

BHANU PRATAPSINGH – Appellant
Versus
PRATAP SINGH – Respondent


JUDGMENT

1. The facts leading to this appeal may shortly be stated as under A mortgage by conditional sale was executed by one Rupsingh for himself and as guardian of his three minor sons, the appellants, on 15th April 1921 in favour of respondent Pratap Singh for Rs. 7,000. The debt was repayable with interest at one per cent per mensem in 14 years by annual instalments of Rs. 500 each and in default of payment of two instalments the whole debt was to become payable at once. The mortgaged property consisted of the whole village of Chicholi. On 3tsfr March 1927 the plaintiff-respondent brought the suit upon the said mortgage to recover Rs. 17,647-15-0 against the mortgagor Rupsingh and his three sons. As the father declined to act as guardian ad litem for his sons the Court Reader was appointed their guardian ad litem and defended the suit unsuccessfully. On 21st December 1927 a preliminary decree for foreclosure was passed against all the defendants for Rs. 20,269-14-6 and the usual six months time was fixed for redemption.

2. On 25th June 1928 an application was made by the plaintiff for making the aforesaid decree final. At the request of the defendants and with the consent of the













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