Judgement

Appeal from a judgment and decree of the Court of the Judicial Commissioner (April 26, 1913) varying a decree of the District Court of Amraoti.

The appellant in 1909 sued the respondents upon a mortgage of lands and two houses executed by the first respondent on July 22, 1892. The other respondents had acquired interests in the property not material to this report.

Prior to the date of the mortgage part of the land included in it had been ordered to be sold in execution of money decrees against the first respondent, and the execution of the decrees had been transferred to the Collector under s. 320 of the Code of Civil Procedure, 1882. The execution of the decrees by the Collector under the provisions of ss. 320 to 325 was concluded in 1894. The respondents pleaded, inter alia, that by reason of s. 325A of the Code the first respondent

03 Law Rep. 45 Ind. App. 219 ( 1917- 1918)

Gaurishankar Balmukund V. C hinnumaya 104

was incompetent to execute the mortgage.

The additional District Judge held that the mortgage was void so far as it related to property included in that against which the decrees had been made ; he made a foreclosure decree confined to the mortgaged property