setalvad attorney general for india w. s. barlingay and a. 0.
2500 made on numberember 27 1931.
according to the terms of the transaction numberspecific time for payment of the mortgage dues had been fixed and it was agreed that the monies advanced would become due and be repaid on demand being actually made by the mortgagee.
respondent 1s case was that he had advanced several amounts on seven different occasions to the mortgagor between august 2 1926 and numberember 27 1931.
20000 and rs.
it is on the strength of these acknumberledgments that the mortgagee purported to bring his claim within time the suit having been filed on may 18 1944.
in the result he passed a decree for rs.
pending the suit the appellant was added as a party defendant on august 23 1944.
appeal from the judgment and decree dated the august 6 1954 of the calcutta high companyrt in appeal from original decree number 73 of 1952.
5000 only in favour of respondent 1.
in accordance with these findings a preliminary decree has been drawn.
then respondent 1 took the dispute before the companyrt of appeal in the calcutta high companyrt.
35000 advanced on the same day september 10 1926.
if this letter is held to amount to a valid acknumberledgment two items of companysideration pleaded by respondent i would be within time they are rs.
civil appellate jurisdiction civil appeal number 77 of 1957.
that is how the appellant became a party to the proceedings and was interested like the mortgagor in disputing the validity of the claim made by respondent1.
since the said sale had been companyfirmed on july 6 1944 the appellant bad become a necessary party to the suit.
the companyrt of appeal has upheld the case made out by respondent i in regard to the acknumberledgment based on the letter of march 5 1932 and in consequence it has been held that the principal amounts due to respondent 1 are rs.
2500 was in time.
the principal issue which arose between the parties in the suit was one of limitation.
the properties mortgaged companysisted of three items all of which are situated in calcutta.
respondent 1s case that the earlier letter of march 5 1932 amounted to an acknumberledgment was however seriously disputed by the appellant.
with this plea we are number companycerned in the present appeal.
55000 and rs.
4 p 64213 5 3 on the mortgaes in suit.
j. this appeal arises from a suit filed by respondent 1 durga prosad chamaria against respondent 2 the heirs of john carapiet galstaun and others in which he sought to recover rs.
the said mortgages were created by delivery of documents of title to immovable properties by the mortgagor john carapiet galstaun who died pending the suit.
the judgment of the companyrt was delivered by gajendragadkar.
by his application made by respondent 1 in that behalf it was alleged that the appellant had become the auction purchaser of premises 167/1 at a sale held by the sheriff of calcutta on may 3 1944 in execution of a decree passed in suit number 2356 of 1931 by the calcutta high companyrt with numberice of mortgage in favour of respondent 1.
justice banerjee who tried the suit on the original side of the calcutta high companyrt held that the letter in question did number amount to an acknumberledgment and so he found that only the last item of rs.
xxxiv r. 4 of the companye of civil procedure and had asked for the appointment of a receiver in that behalf.
it was number seriously disputed that the letter written by the mortgagor on february 17 1943 amounted to an acknumberledgment and it helped to bring within time respondent 1s claim in respect of the last advance of rs.
it was further pleaded by the mortgagee that the mortgagor had acknumberledged his liability of the mortgagees claim by letters of march 5 1932 and february 17 1943 which were signed by him.
he had prayed for a preliminary mortgage decree according to 0.
v. viswanatha sastri and p. k. chatterjee for respondent number 1.
march 1.
these items are 24 amratolla lane 96 karaya road and premises 167/1 and 167/5 dhurrumtolla street chandni bazar .
ratnaparkhi for the appellant.
