SHEO KUMAR Vs. BALGOBIND AND MAHTAB KUAR

JUDGEMENT

(1.) These are three appeals by certain second mortgagees, and a lessee of the mortgagor, against an order of the Subordinate Judge of Cawnpore, dated ,the 7th of September, 1922, rejecting an application fo set aside under Order IX, Rule 13, of the Civil P. C. a decree absolute for foreclosure. The parties are persons of position, but the history of the case illustrates the astounding complications and delays whch arise in this country, in effecting service, in fixing dates for hearing, in determining the real controversy between the parties, and in enforcing decrees, and also the difficulties with which this Court is frequently confronted, owing to the gross negligence of the officials in the subordinate courts, instances of which generally come to our notice when it is too late to investigate the matter with any hope of saddling the responsibility on the right shoulders. This case, in which the only substantial issue, namely, how much is due under two ordinary mortgages, might have been settled in less than three hours, has taken three years in the lower court, and owing to the transfers of judicial officers, which have taken place, has passed through the hands of four Judges. It is now nearly eighteen months since the appeal was admitted in this Court.

(2.) The plaintiffs are the minor children of the deceased mortgagee, Ran Charan Shukul, suing under the guardianship of their mother. The defendants were one Gauri Shankar the original mortgagor, who died pending the appeal, Musammat Gyan Devi, widow of a deceased District and Sessions Judge of this Province, Jwala Devi, her daughter, who are second mortgagees, and Bal Gobind, an Honorary Magistrate, husband of Jwala Devi, and lessee of the mortgaged property.

(3.) The difficulties which have occurred in effecting service from time to time, partly owing to the fact that Gyan Devi is a purdanashin lady living at Agra, and partly to the desire of the defendants to gain time, are fully set out in the elaborate judgment of the Subordinate Judge. For the purpose of reference, the following schedule of dates, which was prepared by the parties, may be useful: