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Fitzholmes vs The Bank Of Upper India on 9 November, 1926 cites

Saiyid Jowad Hussain vs Gendan Singh on 15 June, 1926

Thereupon the mortgagors appealed to the High Court, on the ground that, under Article 181 of the Indian Limitation Act, the decrees of the Court of first instance were dead. They passed by the decrees of the High Court and contended that there could now be no sale. The District Judge dismissed the application and the High Court agreed with him ; but the mortgagors, not being content, have appealed to this Board. It has now been definitely settled in the case of Jowad Hussain v. Gendan Singh (1926) L.R. 53 I.A. 197: s.c. 28 Bom. L.R. 1395 that Where there has been an appeal from a preliminary mortgage decree under Order XXXIV, Rule 4, Sub-rule 1, and the Appellate Court has not extended the time for payment, the period of three years within which, under the Indian Limitation Act, 1908, Schedule I, Article 181, an application for a final decree under Order XXXIV, Rule 5, Sub-rule 2, must be made runs from the date of the decree of the Appellate Court, not from the expiry of the time for payment fixed by the preliminary decree.
Bombay High Court Cites 4 - Cited by 78 - Full Document
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