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1906 DIGILAW 71 (ALL)

Dhuman Mal v. Panna Lal

1906-04-11

AIKMAN, KNOX

body1906
JUDGMENT : KNOX, J. In support of the ground taken in the memorandum of appeal the learned Vakil relies upon a decision of this Court in the case of Ganga Kuar v. Kesar Kuar reported at page 409 of Volume I of the Allahabad Law Journal,[1904] 1 A.L.J.R., 409. In our opinion that ease is clearly distinguishable from the one before us. The decree considered in that case was a money decree and could have been executed in its entirety against either of the judgment-debtors. In the present case the decree was one for sale of property under a mortgage jointly executed by three mortgagors. There is no specification in the mortgage-deed as regards the share of any one of the three. The Full Bench ruling of this Court in Mashiat-un-nissa v. Rani,[1889] I.L.R. 13 All., 1 lays stress upon the decree having been passed not jointly but severally. Here there was a joint decree the whole of which might be and was assailed by one of the mortgagors. We are of opinion that the Court below rightly held that the present application for execution was within time as presented within three years from the time when the appeal of Har Sukh was dismissed by this Court. We dismiss this appeal with costs.