The All India Reporter 1953 - Ajmer Section with Comparative Table for 1952 Ajmer-Merwara Law Journal Citation: A.I.R. (40) 1953 Ajmer

Then on 14-8-1945 the defendants gave the application which bears the date 28-4-1944 praying that a decree for the sale of the mort- gaged property for realization of the said amount and the costs of the application be passed in terms of Order 34 Ft. [...] (5) The application in revision accordingly is allowed the order of the appellate Court below is set aside and 1 remand the case to the appel- late Court below for rehearing after giving due notice to the parties concerned and allowing the plaintiff the time prescribed by law for filing a memo of cross-objection: the costs of the two Courts shall abide the result. [...] to the Court to enforce the liability there is no occasion of apportioning the default rate and interest should run at the originally stipu- lated rate during the period between the institution of the suit and the date specified in the preliminary decree for payment. [...] 17,900/6/- together with costs of the suit and future interest from the date of the suit to the date of payment at the rate of -/10/- per cent per month and in default of payment the sale of the mortgaged property. [...] 2 which reads: Whether the stipulation is penal must depend upon the circumstance of the case and the most important of the cir- cumstances is the difference between the enhanced rate and the original rate. " The learned counsel for the respondents decree- holders has referred to para.