SUDESH VITHAL HANAMSHETH Vs. SADANAND SHIVRAO KOPPAL

JUDGEMENT

(1.) Leave granted.

(2.) The only question for determination is whether the application for final decree as filed by the appellants was barred by limitation, as has been held by the courts below.

(3.) There is no dispute that it is Article 137 of the Limitation Act, 1963, which applies and which has prescribed three years as the period of limitation to be reckoned from the date right to apply accrues. The contention of the appellant is that no preliminary decree as required by order 34 Rule 7 Civil Procedure Code having been prepared, which was required to be, as the suit was for redemption of mortgage, he could not have really made an application for final decree as contemplated by Rule 8 of this Order; and, as such, there could have been no question of his application for final decree being barred by limitation.