(1.) THIS appeal arises in execution of a mortgage decree. At execution, Rs. 11,000 odd have been deposited as the price of redemption and the property has been delivered to the plaintiff. The 12th defendant, the mortgagee on record, prayed for payment of the amount in court less what has been claimed out of it by the other defendants. In other words, the prayer was only that the undisputed portion of the amount in court that belonged to him might be delivered to him. The court below dismissed that prayer, directing him to a fresh suit therefor. Hence this appeal.
(2.) THE facts show no justification for the order of the court below. If the mortgagee, after surrender of the property to the mortgagor, claimed to be paid only such portion of the mortgage amount that is beyond dispute by the other parties in the case, we do not see why the same was not allowed forthwith.