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TMI Blog1926 (6) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... odd, said to be due under the mortgage. The defendant denied that the whole sum was due, as he said the plaintiffs had not given him credit for two sums of ₹ 11,000 odd and ₹ 8,000 odd, which he had paid, such payments having originally been endorsed on the bond, but the endorsations having been erased by the plaintiffs. 2. The Subordinate Judge gave effect to this contention, but ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from which period begins to run, when the right to apply accrues." 4. The three years had expired or had not expired according as computation fell to be made, as the defendants urged, from the time fixed for payment by the original decree, or, as the plaintiffs urged, from the date of the dismissal of the appeal. The Subordinate Judge gave effect to the contention of the plaintiffs. 5. On ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngh v. Kishan Jiwan Lal I.L.R (1917) All. 641:- It seems to me that this rule [the rule regulating application for final decrees in mortgage notions] contemplates the passing of only one final decree in a suit for Sale upon a mortgage. The essential condition to the making of a final decree is the existence of a preliminary decree which has become conclusive between the parties. When an appeal ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellate court of final jurisdiction. When that decree is passed, it is that decree, and only that, which can be made final in the cause between the parties.
8. The same view was incidentally taken without comment by this Board in the case of Abdul Majid v. Jawahir Lal. I.L.R. (1914) All. 350
9. Their Lordships will, therefore, humbly advise His Majesty to dismiss the appeal with costs. X X X X Extracts X X X X X X X X Extracts X X X X
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