Lord Tomlin.-

On 22nd December 1917, a decree was obtained in a suit to enforce a mortgage against the mortgagor and a puisne mortgagee, who is respondent here. The decree was in the ordinary form of such decrees in India ; that is, six months were given for redemption, and at the end of that time in default of redemption the property was to be sold. The decree did not contain, and having regard to O. 34, Civil P. C., could not contain, a personal judgment against the mortgagor for the mortgage money. An appeal to the High Court against the decree was duly taken by the mortgagor.

On 31st August 1918, the decree was made absolute. On 25th October 1918 an application was made to the Subordinate Judge by the decree-holders to bring the property to sale.

On 2nd April 1919, an order of the High Court was made by consent for a stay, and the order was in these terms : Let the respondents' petition for execution"-the respondents means the decree-holders :

"now pending be stayed for the period of one year as and from 1st April 1919, upon the appellant"

(meaning thereby the mortgagor)

"furnishing solvent security in the lower Court to the satisfaction of the Subordinate Judge by 1st May 1919, for