Allahabad Court December 1917 Judgments
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Ahmed Khan and ors. Vs. Musammat Gaura
Court: Allahabad
Decided on: Dec-03-1917
Reported in: AIR1918All285; 43Ind.Cas.518
1. This appeal arises out of an application for a final decree in a mortgage suit. The preliminary decree was passed on the 27th of August 1908 and six months were allowed to the defendant to pay the mortgage money. It is stated in the petition filed by the decree holder that no payment was made. He made an application on the 26th of August 1911 for a final decree under Order XXXIV, Rule 5. That application was dismissed for default on the 9th of April 1912. On the 10th of September 1912 the present application was made for a final decree. It was opposed on two grounds, first, that the order dismissing the previous, application was a bar to the present application and secondly, that the application was time-barred. The Court of first instance allowed the first objection and did not decide the second. It dismissed the application now made. Upon appeal the lower Appellate Court disagreed with the Court of first instance and remanded the ease for proceeding with the application.2. So far ...