Munna Lal Parruck Vs. Sarat Chunder Mukerji - Court Judgment
|Judge||Shaw, Parker, ;Sumner, ;John Edge and ;Ameer Ali, JJ.|
|Appellant||Munna Lal Parruck|
|Respondent||Sarat Chunder Mukerji|
limitation-mortgage-preliminary mertgage-decree-application for sale of mortgaged property-transfer of property act (iv of 1852), sections 88 and 89-limitation act (ix of 1908), article 183.;their lordships dismissed the appeal from the decision of the calcutta high court that where that court, in the exercise of its ordinary original civil jurisdiction, passed a preliminary mortgage decree under section 88 of the transfer of property act, 1882, an application under section 89 of the act for an order absolute for sale of the mortgaged property made after twelve years from the date of the preliminary decree was barred by article 183 of schedule 1 of the indian limitation act, 1908.;amlook chand parrack v. sarat chunder mukerjee (1911) i.l.r. 38 cal. 913, affirmed. - shaw, j.1. their lordships see no reason for interfering with the decisions of the courts below, and they will humbly advise his majesty to dismiss the appeal with costs.
1. Their Lordships see no reason for interfering with the decisions of the Courts below, and they will humbly advise His Majesty to dismiss the appeal with costs.