suit No. 739 of 1950 in the Court of the Senior Subordinate A Judge, Ajmer, for enforcing the ~aid two mortgages. In the suit he claimed Rs. 48,919-12-6 a• the amount due to him under the said two mortgages. On April 25, 1953, the Senior Subordinate Judge, Ajmer, gave a preliminary decree in the suit for the recovery of a sum of Rs. 34,003-1-6 with prop9rtionate costs and future interest; he disallowed interest from September 14, 1936, to March 13, 1950, on the mortgage of Rs. 25,000. The plaintiff-mortgagee preferred an appeal, being Civil Appeal No. 71 of 1953, to the judicial Cominissioner, Ajmer, against the said decree in so far as it disallowed interest to him. The defendants preferred cross-objections in respect of that part of the decree awarding costs against them. On July 25, 1953, the defendants filed an application under O.XXXIV, r. 5 ( 1), of the Cqde of Civil Procedure, seeking permission to deposit the decretal amount in court and praying that possession of the properties may bo directed to be delivered to them and also for directing the decreeholder to render accounts of the profits of the mortgaged properties received by him. On July 29, 1953, the respondents deposited Rs. 35,155-2-6 in the Trial Court. On August 17, 1953, the decree-holder filed objections to the said deposit on the ground that it was much less than the decretal amount. On August 27, 1953, the Trial Court made. an oder permitting the decree-holder to withdraw the said amount with the reservation that the question as to what was due under the decree would be decided later. On August 25, 1954, both the appeal of the decree-holder and the cross-objections of the defendants were dismissed. On December 7, 1954, the defendants filed an applicatio!I in the Trial Court for the determ' nation of the amount due under the decree and for directing the decree-holder to render accounts of all the realizations from the mortgaged properties. On March 14, 1955, the Supreme Court granted special leave to the decree-holder for preferring an appeal against the judgment of the Judicial Commissioner dismissing Civil Appeal No. 71 of 1953. On February 15, 1956, the Trial Court dismissed the application filed by the defendants for directions on the ground that the mortgage deed had G · merged in the preliminary decree and that the said decree contained no directions to the plaintiff to render accounts. On February 29, 1956, the defendants applied to the Judicial Commissioner, Ajmer, under s. 152 of the Code of Civil Procedure for . amending the preliminary decree by including therein a direction against the plaintiff for rendition of account in respect of the profits received. by him from the mortgaged properties. On April 12, 1956, the Judicial Commissioner dismissed the said application.
