MD AZIM Vs. MDSULTAN

JUDGEMENT

(1.) This is an application against the order dated 4 December 1943 of the Subordinate Judge, First Court, Chapra, which disallowed the petitioners prayer for permission to deposit the decretal amount under a preliminary decree for the redemption of a zarpeshgi bond. It appears that the preliminary decree was passed on 15 May 1931. On appeal the appellate Court directed that if the plaintiff deposits or pays Rs. 150 before Jeth next, he shall get a final decree for possession with effect from Asarh next. This order was made on 22 July, 1932 that is, after the month of Jeth of that year.

(2.) Therefore, under the preliminary decree as modified by the appellate Court, the petitioners were required to pay the amount of Rs. 150 before the month of Jeth of 1933. Against that order there was an appeal to the High Court which dismissed the appeal on 12 December 1935. The petitioners failed to make payment till September 1942 when an application was made on their behalf to the original Court to accept the decretal amount by extending the time. The learned Munsif rejected the prayer. The order was affirmed by the learned Subordinate Judge who heard the appeal. Hence this petition.

(3.) It has been urged for the petitioners that before a final decree debarring the plaintiffs from all right to redeem the mortgage property is passed, they are entitled to redeem the mortgage on payment of the amount declared by the preliminary decree even after the expiry of the time for payment fixed by the Court. The learned advocate for the opposite party contended that the petitioners right to redeem the mortgage under the preliminary decree is barred by the operation of Art. 181 of Schedule 1, Limitation Act.