RAMADHAR Vs. RAJ NARAIN

JUDGEMENT

(1.) This is a plaintiff's appeal and arises out of a suit for sale on a mortgage dated 22 October, 1908.

(2.) The suit was resisted, inter alia, on the ground, that it was time barred. Both the Courts below gave effect to this contention and dismissed the suit.

(3.) According to the terms of the mortgage-deed the stipulated time for payment of the principal and interest was three years and interest was payable half yearly and in case of default it was to be added to the principal and interest, at the agreed rate, was to be charged on that amount. The Courts below held that, in view of the terms of the bond, the cause of action for recovery of the mortgage debt accrued on default of the mortgagor to pay interest on the expiry of six months from the date of the mortgage-deed and as the plaintiffs did not put the mortgage into suit within a period of 12 years from that date, the suit was time barred. In so construing the mortgage deed in suit the Courts below placed reliance on an unreported decision of this Court in Second Appeal No. 1178 of 1921, decided on 9 June 1922.