JUDGMENT

1. This is an appeal by the judgment debtors against an order of dismissal made on an application for restitution in the course of proceedings in execution of a mortgage-decree.

2. On the 21st February 1916 the respondent obtained a mortgage-decree against the appellants. On the 17th July 1917 the mortgaged property was sold in execution and was purchased by the decree-holder. No specific bid appears to have been offered by the decree-holder, but it was stated that he purchased the property for whatever was due to him on the decree at the time of the sale. On the 14th August 1917 the judgment-debtors applied to have the sale set aside under Order XXI, Rule 90, Code of Civil Procedure, but this application was not heard for a considerable time.

3. On the 9th February 1918 the decree holder-auction-purchaser and the judgment-debtors came to a settlement to the effect that if the judgment-debtors paid to the decree-holder Rs. 1,313 on or before the 2nd April 1918, the sale would stand cancelled, but on default the sale would stand confirmed. Neither of the two contingencies contemplated by the parties, however, happened. The judgment-debtors did not pay the full amount specified