Faijuddi Sardar and another vs Asimuddi Biswas and another

Maclean, C.J.—I will cite the language of the lower Appellate Court as to the question we have to deal with- " The only question on this appeal is whether the six months allowed by the lower Court to the Defendants Nos. 1 and 2 for redeeming the mortgage should run from the 13th July 1905, that is, the date of the lower Court''s decree or from the 7th February 1906, that is he date of the Appellate Court''s decree." That was the only point dealt with in the Munsif''s judgment and the only point dealt with in the judgment of the District Judge and the only point raised by the Appellant on the present appeal. In my opinion the answer to that question is that the period begins to run from the date of the first Court''s decree. This question was discussed in the case of Bhola Nath Bhattachurji v. Kanti Chandra Bhattacharji (1) I. L. R. 25 Cal. 311 (1897) and there it was held-I did not express my own opinion on the point definitely, inasmuch as I did not think that the point had arisen by Mr. Justice Banerjee that the time runs from the date of the first decree. I entirely agree in that view: and, for that reason, I think that this appeal must be allowed. That is the only question we have to dispose of. The Appellants are entitled to their costs in all the Courts hearing fees this appeal, two gold mohurs.

Fletcher, J.

I agree.