( 1 ) THIS is an appeal from an order by Ray, J. by which his Lordship dismissed an application for execution of a decree.

( 2 ) FACTS, in so far material for this appeal, are hereinafter shortly stated.

( 3 ) LAXMI Chandra, respondent No. 2 herein, as plaintiff, instituted Suit No. 887 of 1961 against the defendant No. 1 appellant Trilok Chand Rapur, inter alia, claiming a decree for Rs. 61,875, declaration that the assets of the business "capri Restaurant" as also the goodwill thereof and all business contracts and other engage ments in connection with the said business stood charged with the payment of the dues of the plaintiff and also sale of the business "capri Restaurant" in pro tanto satisfaction of the plaintiff's claim. The circumstances in which the claim was made allegedly were that the appellant Trilok Chand, as the owner of the business "capri Restaurant" approached the plaintiff Luxmi Chandra for a temporary accommodation loan of Rs. 60,000 for running his business, and the plaintiff lent and advanced the said sum of money on a deed of hypothecation and pledge, dated February 2, 1961 of the assets of the business "capri Restaurant" and the goodwill th