JUDGMENT : Griffin, J. This appeal arises out of a suit to recover principal and interest on three mortgage-deeds. The first is dated the 28th of July, 1873, to secure payment of the sum of Rs. 300. This was a usufructuary mortgage which contained a provision for foreclosure on certain conditions. The other two mortgage-deeds were of later date but were unregistered. The suit was defended by defendants 2 and 5, who were vendees of the property in suit under a sale-deed dated the 1st of August, 1877. Out of the consideration for the sale a sum of Rs. 400 was left with the vendees for payment to the mortgagee, predecessor-in-title of the present plaintiffs in respect of the usufructuary mortgage of the 28th July, 1873. The court of first instance dismissed the suit in respect of the first mortgage inasmuch as the plaintiffs had no right to sue for sale under that document. The lower appellate court upheld the decision of the first court and, with regard to the two later mortgages, came to the conclusion that the defendants were not shown to have had notice of them. The plaintiffs come here in second appeal. Having regard to the finding of the court below on the question of notice, the grounds of appeal taken in this Court relating to the second and third mortgages have no force. The only ground which we have now to consider is the first ground, whereby we are asked to give the plaintiffs a decree for foreclosure on foot of the mortgage dated 28th July, 1873. It appears to us from a perusal of the plaint and the written statement that the plaintiff had grounds for suing for sale under this mortgage. But their case does not appear to have been clearly put forward in the courts below. Under the conditions in the first mortgage in suit, the plaintiffs were clearly entitled to foreclose the mortgage if on the expiry of the period allowed the mortgage-money was not repaid. This mortgage-money was left in the hands of the defendants for repayment to the plaintiffs and we fail to see why the defendants should not pay this sum as they have contracted to do. The defendants had ample opportunity of setting out whatever defence they might have and we do not think they are prejudiced in any way by our passing a decree for foreclosure. The defendants had ample opportunity of setting out whatever defence they might have and we do not think they are prejudiced in any way by our passing a decree for foreclosure. We allow this appeal in part and decree the plaintiffs' suit for foreclosure in respect of the mortgage-deed of the 28th July, 1873. We direct that a decree for foreclosure be drawn up in accordance with the provisions of Order 34, rule 2. The time for payment will be up to the 26th September, 1913 and the amount payable Rs. 300, without interest. Parties will pay and receive costs in all courts in proportion to failure and success.