AJAB LAL MANDAR Vs. JAI PRAKASH LAL SAHU
HIGH COURT OF PATNA
AJAB LAL MANDAR
JAI PRAKASH LAL SAHU
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Sarjoo Prosad, J. -
(1.) This appeal raises an interesting question of law for determination, viz. whether the application under Order 34, Rule 6, Civil P. C., filed by the appellants for a personal decree against the respondents is barred under Article 181, Limitation Act.
(2.) The relevant facts are that the appellants obtained a mortgage decree in December 1934 on the foot of a mortgage bond, dated 25-2-1926, the suit having been filed within six years from the due date mentioned in the bond. This preliminary decree was made final in December 1935, and in execution thereof the mortgaged properties were sold and purchased by the decree holders in satisfaction of the decretal dues. The sale was held on 31-1-1941, and it was confirmed on 7-7-1942. The case of the appellant is that a part of the decretal dues had remained unrealised by the sale of the mortgaged properties. He, therefore, filed the present application under Order 34, Rule 6 of the Code on 3-8-1945. The application is apparently beyond three years from the date of confirmation of sale and is, therefore, barred; but the appellants seek to avoid the bar of limitation on the ground that even after confirmation of the sale, the judgment-debtors continued to file various objections to the sale which were all decided ultimately in favour of the decree-holders, the last of them having been decided on 21-4-1945, upholding the sale. It is therefore, contended that the application is well within time from the date last mentioned on which the objections to the sale were finally decided.
(3.) The learned subordinate Judge dismissed the application as time barred, and the appeal is directed against that order of his, dated 16-1-1947.;
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