If "therefore improper The defendant who a Court passes a composite decree com is the appellant here, preferred no ap bining a decree for sale and a personal peal against the decree, and on the ex decree, the decree is valid, and the per piration of the period of limitation sonal decree, though made at the time within which an appeal could be filed, of the decree for sale, operates at a the decree became final against him He future date when the sale takes place is now precluded from disputing the cor and fails to satisfy the mortgage debt rectness of the preliminary decree upon We find nothing objectionable in the de that point cree passed by the trial Court on 8th It was held by a Bench of this Court July 1926, The insertion of the clause in Lala v Amir Haider Khan (1) that relating to a decree over in the prelimi O 34, R 6, Civil P C reproduces the nary decree is quite correct in the cir effective portion of the old S 90, T P cumstances of the case The decree has Act, and the words used in Decree Form1 2 3

(1929) 124 IC 669

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India - Uttar Pradesh

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