FINDLAY
BALAJI – Appellant
Versus
BALLABHDAS – Respondent
Findlay, J C—The five applicants have applied to this Court in revision against an order of the District Judge, Chhindwara, dated 29th February 1926, in Civil Suit No. 7 of 1924. In that suit preliminary decree for foreclosure in respect of the mortgaged subjects had been passed by the District Judge on 29th July 1924. The present non-applicant, Ballabhdas, was joined as defendant 10 in the suit by virtue of his being a subsequent mortgagee of the property in suit. The preliminary decree in question was in Form 6, Appx. D, Civil P.C. The present non-applicant was given the prior right to redeem up to the 29th January 1925; in ease he failed to do so, defendants 2 to 5 and defendants 1, 6 and 7 were respectively given the right to redeem up to a further date, the 29th April 1925. Within the six months time allowed to the non-applicant he deposited in Court the decretal amount and, on 19th Januaryl925, filed an application praying that, in view of this deposit, his name should be substituted in place of those of the plaintiffs and that a final decree for foreclosure should be passed against the remaining defendants. The district Judge sanctioned the application and allowed th
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