GAURI SAHAI Vs. ASHFAK HUSAIN

JUDGEMENT

(1.) The suit, out of which this execution appeal arises, was brought to enforce payment of a mortgage by sale of the mortgaged property according to the provisions of the Transfer of Property Act.

(2.) There were a number of defendants to the suit representing the mortgagors. A decree against all the defendants was obtained on the 25 August, 1900. On the 21 December, 1901, the decree was made absolute.

(3.) One of the defendants was, however, a lady named Sakina Bibi, evidently a pardah-nashin lady, on whom personal service of the plaint in the suit presented some difficulties. The decree of the 25 August, 1900, was ex parte against this lady and she applied under Section 108 of the Civil P. C. to sot it aside; her application was refused, but on appeal to the High Court she succeeded, and on 11 March, 1902, the High Court set aside the decree as against her" and remanded the case. A decree on the merits was then pronounced against Sakina Bibi. She appealed again to the High Court but her appeal was dismissed, and on the 16 November, 1904, the High Court confirmed the Court below.