final decree in which the first final decree was
passed on June 15, 2015 (for short, the first final decree). The appellant
then filed ... none of the said two
partition decree, namely, the impugned final decree for partition or the
appellate decree had crystallized any right in favour
converting the mortgage decree into money decree it could have been clarified by it instead of passing final decree and directed to issue certificate ... There- fore, when the very existence of the second decree i.e. final decree passed by the Tribunal dated 20th February, 1997 is under challenge
This decree was ultimately made final and the mortgage property was sold in execution of that decree on 6th November 1933. The decree-holder himself ... suit on the first mortgage was instituted without impleading the second mortgagee, the final decree was obtained in it in due course on 23rd March
final decree which he omits to challenge directly, and, secondly, that when a final decree has been made, the party aggrieved ought at that stage ... finally published record. Such arithmetical calculation, however, cannot rightly be regarded as an essential portion of the decision under Section 105. Hence the second ground
decree-holder's right to obtain a final decree is taken away and he is prevented from getting a final decree passed ... will be entitled to apply for final decree again. In my view, the right to apply For final decree accrues upon the default being committed
purchase was for Tara Das, the plaintiff in the present case, and secondly, the purchase from Rajendra was' not in favour of the plaintiff ... dismissed on appeal and that decree was confirmed on second appeal. The final decree, therefore, in that litigation was based upon the ground that
matters arise, the question of costs may be reserved till the final decree is drawn up and an order made therein consistently with the justice ... till the stage of the final decree.
13. As regards the costs of this Court, we direct that the second defendant do pay the costs
passed after the decree is made final; the first part of the decree to be final and the second part preliminary. Defendant ... within 15 days from to-day, otherwise the second part of the decree about account to be null and void.
2. The plaintiff accordingly took
decree in the first suit, and that the attempt to make it an appeal against the decree in the second suit was abortive. The District ... appeal has been preferred in the second suit, with the result that the decree made therein has become final. On these facts, the respondent
parte final mortgage decree, passed against them. The suit in question was Title Suit No. 55 of 1950 of the Second Court of the Subordinate ... holder, on October 13, 1955, applied for making the prelimnary mortgage decree final.
3. On the aforesaid application, the learned Subordinate Judge, by his first
