1. The 1st defendant in O. S. No. 60 of 1974 on the file of the Additional Sub Court, Ernakulam is the appellant. The suit was one for recovery of the sum of Rs. 7,000/- with interest thereon due under the hypothecation bond dated 11-1-1951, Ext. Al, executed by the 1st defendant charging the plaint schedule property in favour of the Kottayam Orient Central Bank Limited which was subsequently amalgamated with the plaintiff-Bank (State Bank of Travancore) It is averred in the plaint inter alia as follows: The appellant-1st defendant acknowledged his liability to the said bank in respect of the amount of Rs. 9977.70 due under Ext. A1 mortgage deed as on 31-3-1962 by a deed of acknowledgment dated 19-5-1962. The plaintiff-Bank filed a suit, O.S. No. 104 of 1962 on the file of the Subordinate Judge of Ernakulam on the original bond, and obtained a preliminary decree dated 25-2-1964 The execution application filed by the Bank thereafter was dismissed on the ground that what was sought to be executed was only a preliminary decree. The appeal filed against the said order, A.S No. 404 of 1969, was also dismissed by this Court; hence the suit which has given rise to this appeal.