PATEL RANCHHODBHAI BHAICHANDDAS Vs. RABARI JIVA JAVA

JUDGEMENT

(1.) This is defendant's Second Appeal against the order of the lower appellate Court directing preparation of final decree for redemption in a mortgage suit.

(2.) The brief facts are that the plaintiffs-respondents filed suit for redemption of mortgage. The suit was decreed. Preliminary decree for redemption was ordered to be prepared. An appeal against the preliminary decree for redemption was preferred vide Appeal No. 18 of 1974. Preliminary decree was passed on 2-1-1974. The appeal against preliminary decree was dismissed on 3-8-1977. Application for preparation of final decree was moved which was allowed on 29-9-1978. Appeal against order directing preparation of final decree was filed which was also dismissed on 28-6-1980. It is against this order that the present appeal has been filed.

(3.) Following substantial question of law was formulated in this Second Appeal :