( 1 ) PLAINTIFF is the appellant in this Second Appeal preferred against the decree of the District Judge of Nellore in A. S. No. 4 of 1950 dismissing the plaintiff s suit. The 1st defendant mortgaged his house in favour of the plaintiff under Exhibit A-1, dated 19th April, 1934 and executed a second mortgage of the same property on 10th November, 1939, in favour of the 4th defendant. Both were simple mortgages. The plaintiff purchased the house under Exhibit A-2, dated 7th April, 1942, from the Official Receiver in the insolvency of the 1st defendant and took possession. The 4th defendant filed O. S. No. 309 of 1946 on his mortgage and obtained a decree for sale of the house subject to the previous mortgage, exhibit A-1, in favour of the plaintiff. Thereafter, the plaintiff brought the present suit O. S. 240 of 1948 to enforce his mortgage Exhibit A-1 by sale of the hypotheca. To save the suit from the bar of limitation, the plaintiff relied on an acknowledgment of liability in respect of Exhibit A-1 made by the 1st defendant, mortgagor, in the schedule of debts filed by him in his Insolvency Petition No. 4 of 1939. The 4th defendant pleaded that the plaintiff s suit for sale on f

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