ANANDRAM Vs. NITYANANDA BARHAM

JUDGEMENT

(1.) This is an appeal by the decree-holders against the order of the Subordinate Judge of Bhagalpur, dated the 16th June 1915. The facts necessary for the purposes of this appeal are these:

(2.) The decree-holders obtained a mortgage-decree on the 8th September 1902 against one Raja Thakur Barham. The amount of the money due was Rs. 2,96,369-5-0, but after the mortgage decree was made absolute, the mortgage properties were sold for Rs. 2,93,405 and were purchased by the decree-holders. There was, therefore, a balance of Rs. 2,964-5-0 due to the decree-holders.

(3.) The decree-holders made an application on the 25th May 1905 for a decree, under Section 90 of the Transfer of Property Act in respect of the above balance. On a notice being issued to the judgment-debtor, Raja Thakur Barham, he filed an objection and the 4th November 1905 was fixed for the objection to be heard. It appears, however, that the objection was not taken up on the date fixed and nobody took any notice of the objection till the 2nd July 1909, when the decree-holders made an application praying that orders might be passed upon their previous application.