PRABHAKAR KASHINATH Vs. KHANDERAO ANTAJIRAO

JUDGEMENT

(1.) This is an application under Section 622 of the Code made by the 5 defendant in a mortgage suit calling for the interference of the Court in its extraordinary jurisdiction.

(2.) It appears that in the beginning of 1905 this suit was filed by a mortgagor against certain defendants one of whom is the present applicant, for redemption of a mortgage. At the time the suit was filed the Dekkhan Agriculturists Relief Act had not been extended to the Thana District and therefore although the plaintiff in the title to the plaint described himself as an agriculturist, it was a matter of no importance and the allegation was disregarded by the defendant.

(3.) At the time the suit was tried the Dekkhan Agriculturists Relief Act had been extended to the Thana District. We are told it was so extended in the mon August, 1905. At the trial notwithstanding the protest of the 5 defendant, the learned Subordinate Judge took the accounts of the mortgage upon the footing of the application of Secs.12 and 13 of the Act and gave the plaintiff the benefit of those provisions.