ORDER

1. This appeal is directed against an order of the Subordinate Judge of Birbhum holding the decree sought to be executed by the Appellant incapable of execution and dismissing his application for execution. In 1910 Appellant obtained the mortgage decree which he is now seeking to execute in the Court of the Subordinate Judge of Birbhum in respect of properties, some of which were in the District of Birbhum and some in the Santhal Parganas. In this execution case the judgment-debtors have taken exception to the execution on the ground that when the decree was passed, some of the mortgaged properties situated in the Santhal Parganas were under settlement, and so u/s 2 of Act 37 of 1855 the Birbhum Court had no jurisdiction to pass the decree; the decree having thus been passed without jurisdiction is void and incapable of execution. The Court below has found that one of the Santhal Parganas properties Mouzah Mouloti was under settlement when the decree was passed and held, under the provisions of the Act above referred to and on the authority of the decision of the Judicial Committee of the Privy Council in Maha Prasad Singh v. Ramani Mohan Singh AIR 1914 P.C. 140, that the Birb