RAJARAM TUKARAM Vs. CENTRAL BANK OF INDIA LIMITED

JUDGEMENT

(1.) Having regard to the decision of the Full Bench, and the final result in Hatimbhai V/s. Framroz Dinshaw(1), it follows that this Appeal No. 56 of 1926 must also be dismissed.

(2.) I would add that although technically this appeal was not actually before the Full Bench, yet the same leading counsel appeared as in the Full Bench Appeal No. 15 of 1926, It was only not put formally before the Full Bench because it was an appeal from my brother Fawcett who heard the case in the trial Court.

(3.) The appeal will be dismissed with costs. Liberty to the mortgagee to add the costs to his security.