MAHMUD HASAN KHAN Vs. NARAIN

JUDGEMENT

(1.) This case was referred to a Full Bench on the ground that the Bench decision in the case of Shiam Sunder Lal V/s. Data Ram was not fully considered by the Full Bench in the case of Saran Singh V/s. Miththan Lal .

(2.) Mr. Isbaq Ahmad has appeared on behalf of the appellants and has raised before us a very ingenious argument which was not advanced before the Bench which made the reference.

(3.) One Narain had executed a mortgage on 5tb July 1908, in favour of Mahmud Hasan. Khan and others. The mortgagees filed a suit. for sale and obtained a preliminary decree on 31 March 1922. The final decree was passed on 13th December 1924. In the year 1943 the decree-holders filed an application for execution, and the judgment-debtor, Narain, filed an objection. The first point taken in this objection was that the decree had been paid up, the second point was that the application for execution was barred by limitation and, lastly, it was urged that the decree as it stood was not executable and it should be amended under Secs.8 and 9, United Provinces Debt Redemption Act (XIII