1. This appeal is presented on behalf of the decree-holder against the order of the Additional Subordinate Judge of Patna, dated the 20th August, 1957, refusing to grant a decree under Order 34, Rule 6, of the Code of Civil Procedure. It appears that on the 9th February, 1945, the respondents executed a mortgage bond for a sum of Rs. 15,000.00 in favour of the appellant with regard to certain milkiat properties. The appellant brought a mortgage suit, No. 117/93 of 1950, for enforcing the mortgage. On the 4th February, 1954, a preliminary decree was granted by the learned Subordinate Judge for sale of the mortgaged properties. A final decree was passed on the 15th September, 1955.

While the execution ease was pending there was a notification under Sec.3 of the Bihar Land Reforms Act, dated the 1st January 1956, by which all the milkiat properties, which were the subject-matter of the mortgage became vested in the State Government. On the 28th May, 1956, the execution case was dismissed on account of the bar imposed by Sec. 4(d) of the Bihar Land Reforms Act. Subsequently the decree-holder filed an application to the court for grant of a personal decree under Order 34, Rule 6