Monotosh Kumar Mitra (Dead) By Lrs. vs Amarendranath Shaw (Dead) & Ors

The Supreme Court held that under Section 34 of the Bengal Money Lenders' Act, 1960, the Court has the authority to direct payment by instalments in mortgage suits, overriding the six-month limit set by Order 34 Rule 2 of the Code of Civil Procedure. The Court emphasized that failure to pay any instalment allows the plaintiff to seek a final decree for sale of the mortgaged property. In this case, since the defendants did not pay any instalments, the Court upheld the preliminary decree and allowed the plaintiff to apply for a final decree for sale.