1. This is a plaintiff's second appeal against the decision of the District Judge of Mavelikara reversing that of the Munsiff of the same place who decreed his suit for redemption of a mortgage.

2. The facts are short. Pending execution of a decree for money the judgment-debtor was declared insolvent, and the Official receiver of the court was appointed receiver of his properties. Nevertheless, execution of the decree proceeded without obtaining the sanction of the insolvency court and without bringing the receiver on record. The properties sought to be redeemed were attached, sold in court auction subject to a possessory mortgage, purchased by the decree-holder, and satisfaction of the decree was entered protanto. The plaintiff is an assignee of the rights of the purchaser and seeks redemption of the mortgage from the defendant as transferee thereof. The insolvent defaulted to apply for his discharge as ordered by court and the adjudication was therefore annulled. There was no order vesting the property in any person for purposes of administration and discharge of the debts of the insolvent.

3. The contention urged by the default-mortgagee was that the auction sale on wh