MONOTOSH KUMAR MITRA vs AMARENDRAATH SHAW .

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 found that the defendants failed to pay any instalments as stipulated in the preliminary decree, thus allowing the plaintiff to apply for a final decree for sale of the mortgaged property. The Court affirmed the preliminary decree and the entitlement of the plaintiff to seek a final decree due to non-payment.