JADUNATH ROY Vs. KSHITISH CHANDRA ACHARJYA CHOUDHURY

JUDGEMENT

(1.) This is an appeal from the judgment and decree of the High Court of Judicature at Calcutta, dated 29th June 1944, affirming, with certain variations, the order, dated 25 August 1941 and the decree dated 10th May 1943 - in Misc. Case No. 18/40 - passed by the Subordinate Judge at Alipore.

(2.) The appeal arises from a petition made by the respondents for re-opening certain mortgage decrees obtained by the appellants respectively on 4 April 1929, 13 September 1929 and 13 December 1937 (in Title Suit No. 121 of 1927). The right to re-open the decrees was claimed under S. 36, Bengal Money-lenders Act (Bengal Act x

(10.) of 1940) herein referred to as "the Act".