JUDGMENT

Tottenham and Ghose, JJ. - This is an appeal from an appellate order in the matter of the execution of a decree. The applicant for execution had been made a defendant in the original suit by reason of his having purchased the property mortgaged under the bond on which the suit was brought, not because he was himself in any way personally liable for the debt. The petitioner, after the decree had been passed, purchased it and applied to the Court u/s 232 for execution against the principal defendant. The Subordinate Judge refused the application with reference to proviso (b) to Section 232, which is to this effect: "Where a decree" for money against several persons has been transferred to one of them, it "shall not be executed against the others." The first Court was of opinion that this was a decree for money passed against the petitioner in common with other persons, and having been transferred by sale to the petitioner it could no longer be executed against the others. The lower Appellate Court reversed the order of the first Court, and against this order of reversal the present appeal is preferred.

2. Two points have been taken before us: first, that the lower Appellate Co