Wanchoo, C.J—This is a revision by Hans Raj against the order of the District Judge, Ganganagar, and arises in the following circumstances.

2. Hansraj had brought a suit on a mortgage against Satnarain opposite party, and his father Prahlad Rai. In that suit Satnarains mother acted his guardian. That suit was decreed against both Prahlad Rai and Sat Narain in 1951. About two years later, Satnarain brought the suit, out of which the present proceedings have arisen, through another next friend Kishangopal. It is immaterial for present purposes to mention the case put forward by Satnarain in detail, suffice it to say that Satnarain prayed that the decree passed against him in the earlier suit in favour of Hansraj be declared to be null and void, and his share in the house mortgaged be declared to be not liable to sale in that decree. Along with his plaint, Satnarain made an application which has given rise to the present proceedings. The last paragraph (Our translation) of that application reads as follows: —

"Consequently the application is presented under O.XXXIX, r. 1, and it is prayed that till the decision of the suit, execution proceedings should be stayed, and defendant No. 1, na

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