KUSUM KUMARI Vs. DEBI PRASAD DHANDANIA

JUDGEMENT

(1.) THE suit out of which these consolidated appeals arise was filed before the Settlement Officer of the Sonthal Parganas praying for the enforcement of a mortgage dated February 27, 1911. THE plaintiffs were in effect the mortgagees, and the principal defendant the representative of the mortgagor. A number of other parties were joined as interested, or possibly interested, in the mortgage, but none of them seem to have taken I part in the proceedings in India nor are they represented before the Board.

(2.) THE suit was duly transferred for trial to the Court of the Subordinate Judge of Bagalpur, who passed a preliminary mortgage decree dated June 20, 1927, in the usual form. He assessed the mortgage debt including costs payable at the expiry of six months from the above date at Rs. 4,12,662-13-0, and allowed the mortgagees further interest on this sum at the rate of six per cent, per annum until realization.

(3.) THIS decree was confirmed on appeal by the Patna High Court. Leave to appeal to His Majesty in Council was refused, but special leave was granted in England to both parties by an Order in Council dated March 17, 1932, the appeals to be confined to questions relating to interest after the date of the institution of the suit.