BADRI PRASAD Vs. SHANKAR LALL

JUDGEMENT

(1.) The question which the Full Bench is invited to decide in this appeal is as follows :

(2.) The facts may be shortly stated : A preliminary decree for sale on foot of a mortgage was passed in favour of the respondent Shankar Lal against the appellants Badri Prasad and Bishambhar Dayal on 30th October 1935. This decree was made final on 18th May 1940. On 18th May 1943, the decree-holder applied for execution of the decree. On 3rd August, the judgment-debtors applied for amendment of the decree under Section 8, U. P. Debt Redemption Act. On 21st August the decree-holder filed a declaration under Section 4 of the Act whereupon the application for amendment was dismissed. Appeal against that decision was dismissed by the lower appellate Court on 17th November, and the present second appeal was filed on 7th December. There being a conflict between the Full Bench decisions of the Allahabad High Court and the late Avadh Chief Court upon the question, the same has been referred to the Full Bench of seven Judges for decision.

(3.) The three Full Bench decisions of the Allahabad High Court are : (i) Mt. Ketki Kunwar v. Ram Saroop, A. I. R. (29) 1942 ALL. 390 : (I. L. R (1943) ALL. 35 : 1942 A. L. J. 578 F. B.), (Iqbal Ahmad C. J., Bajpai and Dar JJ.); (2) Abdul Razzak v. Parvati Devi, A. I. R. (29) 1942 ALL. 894 : (1942 C. L. J. 554 : 1942 O. W. N. Rev. 607), (Iqbal Ahmad C. J., Dar and Plowden JJ.) ; (3) Manmohan Lal v. Raj Kumar Lal, A. I. R. (33) 1946 ALL. 89 : (1946 A.L.J. 3 : I. L. R (1946) ALL. 413 F. B.), (Iqbal Ahmad C. J., Allsop, Varma, Yorke and Malik JJ.).