JUDGMENT

Rankin, C.J. - The plaintiff brought a suit in the Court of the Munsif on the allegation that the defendant was in possession of certain land under a mortgage by conditional sale made to him by the plaintiff and claimed to redeem the mortgage and to recover possession of the land. The defendant contended that the mortgage was not genuine, and that the land was his own. A preliminary decree for redemption was made on 8th December 1924 and on 19th December a final decree for redemption was made, the defendant not appearing. The defendant, on 6th January, preferred an appeal to the lower appellate Court against the preliminary decree. When this appeal came on for hearing no objection was raised that the appeal was incompetent, and on 14th December 1925, the appeal was allowed and the plaintiff's suit was dismissed altogether. Two years afterwards the plaintiffs applied to the Court of the Munsif for execution of the final decree. The defendant objected to the execution on the ground that the preliminary decree upon the basis of which the final decree had been passed, having been set aside, the final decree was not a subsisting decree of which execution could be had. The Munsif