Chittatosh Mookerjee, J. - (1.) The defendants have preferred this appeal against the final decree passed against them by the learned Subordinate Judge, 8th Court, Alipore in a mortgage suit brought by the plaintiff respondent. The principal point in this appeal is whether or not the mortgagee plaintiffs application in the trial court for drawing up the said final decree was barred by limitation.
(2.) The respondent, Ranendra N. Saha had instituted the said Title Suit No. 69 of 1972 in the 8th Court of the Subordinate Judge, Alipore against the present appellants and another for recovery of money lent and advanced on mortgage of Premises No. 85B, Raja Rajendra Lal Mitra Road, P. S. Beliaghata. After service of summons, the defendants had appeared but did not file any written statement. On 2nd May, 1973 the said plaintiff and the defendants 1 to 4 jointly filed a petition in the trial court stating that through the intervention of well-wishers and common friends, the suit had been compromised and settled between the parties on the terms and conditions set out in the said petition.
(3.) The parties agreed in the following manner:-- 'There will be a preliminary Mortgage Decree against the defendants 1 to 4 for the sum of Rs. 38,000/- with interest on the principal sum of Rs. 25,000/- at the rate of 6 per cent per annum from 27th Sept., 1972 being the date of filing of this suit until realisation and costs- (b) If however the defendants Nos. 1 to 4 pay to the plaintiff the sum of Rs. 30,000/-in the manner following that is to say- (1) Rs. 10,000/- on or before the 30th day of Dec.. 1973, (2) the sum of Rs. 10,000/- on or before the 30th day of Dec., 1974, (3) the sum of Rs. 10,000/- on or before the 30th day of Dec., 1975 the plaintiff shall accept the same in full satisfaction of his entire claim on account of the principal interest and costs under this Decree. (c) In case of default of payment of any one of the aforesaid instalments within the time specified in that behalf of the preceding clause, the entire amount then due under this decree shall become at once due and payable and the plaintiff shall be entitled to forthwith apply for a Final Decree for sale of the mortgaged property.";