BIDYA PROSAD SINGH Vs. BHUPNARAIN SINGH

JUDGEMENT

(1.) The questions referred for decision to a Full Bench have been framed in these terms;

(2.) (1) Whether the decision of the Full Bench in the case of Luchmun Dass v. Giridhur Chowdhry 5 C. 855 : 6 C.L.R. 473 : 3 Shome L.R. 143 has been overruled by the Privy Council or superseded by subsequent legislation.

(3.) (2) Whether a suit upon a mortgage effected-by a father governed by the Mitakshara Law for a debt which is neither antecedent nor for family purposes and not proved to be immoral, brought after the death of the father against the sons, some of whom were adult and some minors at the time of the mortgage, is governed by the twelve years rule of limitation under Article 132 of the Schedule to the Limitation Act, so far as it claims to affect the shares of the sons.