JUDGMENT

Walmsley, J. - The facts out of which tins application arises are as follows: The petitioner obtained a mortgage-decree on the 20th August 1908 on contest against one Behari and ex parts against defendant No. 2, Ramdham, who is not the opposite party, Behari appealed to the District Judge but his appeal was dismissed. The decree-holder then applied to have the decree made absolute and after securing an order to that effect, he took out execution proceedings and caused the mortgaged property to be sold. He purchased it himself and was put in possession on the 15th September 1914. On the 30th November 1914, Ramdhani, against whom, the decree had been passed ex parte, submitted an application under Order IX, Rule 13, Civil Procedure Code, asking to have the ex parte decree set aside. On the 30th of January, some sort of agreement was arrived at between the parties to the effect that Ramdhani should pay into Court the decretal amount: and on that being done, the decree-holder should relinquish his claim to the property. Ramdhani deposited in Court the decretal amount as set out in the original decree which had been passed some six or seven years earlier. The decree-holder objec