Ahmad, J.

1. In this case the rule has been issued at the instances of the judgment-debtor and is directed against the order dated the 20th April, 1955, passed in Miscellaneous Case No. 16 of 1955 arising out of Execution case No. 19 of 1954, whereby the Court of execution has reviewed its own order passed therein on 23rd December, 1954, and has finally held that a personal decree against the judgment-debtor had already been passed at the time of the passing of the mortgage decree under execution, and, therefore, it was not necessary for the decree-holders to obtain a fresh decree under Order 34, Rule 6, Civil Procedure Code for proceeding in execution against any of the non-hypothecated properties of the judgment-debtor and as such the execution levied in the present case against the non-hypothecated properties of the judgment-debtor was maintainable in law.

2. The important facts leading to the proceeding in execution and to the orders passed on 23rd December, 1954, and 20th April, 1955, are as follows. The judgment-debtor petitioner before us executed a mortgage in favour of the decree-holders opposite party on 10th July, 1937, and thereunder he hypothecated 10 annas and