RAM ADHAR Vs. NEM KUMAR

JUDGEMENT

(1.) THIS is a judgment-debtor's appeal, and the only question to be decided is one of limitation.

(2.) THE decree in question was one on a simple mortgage dated the 12th August 1926, and was passed on a compromise fixing instalments on the 4th November 1931, No instalments having been paid, the decree-holder applied for the preparation of a final decree on the 5th November 1934, the previous day being a Sunday. This application, it is conceded, was thus made on the last day of limitation and was, therefore, within time.

(3.) ON the 5th December 1934, the court ordered that a final decree be prepared, and such a decree was prepared on the 19th February 1935.