Lord Moulton:—

In this case the relevant facts necessary and sufficient to determine their Lordships' decision on the appeal are very simple and are undisputed.

The appellant is in the position of mortgagor and the respondents of mortgagees under a mortgage, dated the 3rd September, 1868. In 1889 a suit was commenced before the Subordinate Judge of Allahabad to enforce that mortgage, and on the 12th May, 1890, a decree was passed by him for the sale of the property unless payment was made on or before the 12th August, 1890. An appeal was brought from that decree to the High Court, and, on the 8th April, 1893, that appeal was dismissed and the decree of the Subordinate Judge confirmed. The mortgagor obtained leave to appeal to this Board, but did not prosecute his appeal, and on the 13th May, 1901, the appeal was dismissed for want of prosecution.

The present appeal relates to an application to the Subordinate Judge, dated the 11th June, 1909, for an order absolute to sell the mortgaged properties ; in other words, for an order directing enforcement of the order nisi which had been confirmed by the decision of the High Court of the 8th April, 1893. It is not necessary to go into the pa