KAILASAM, C. J.:- This appeal is filed by the judgment-debtor in O. S. No. 155 of 1971 against the judgment of N. S. Ramaswami J., dismissing his appeal against the order of the II Additional Subordinate Judge, Cuddalore.

2. The suit O. S. No. 155 of 1971 was filed on 16-6-1971, for the recovery of a sum of Rs. 34980-82, against the present appellant on the foot of a security bond executed by him on 21-7-1962, for a sum of Rs. 15000 securing the properties described in the schedule. The second respondent was a puisne mortgagee. The appellant filed a written statement that the first respondent, the first mortgagee had fraudulently suppressed the payment of interest in the security bond and if a proper account was taken, money will be due to the first respondent. When the suit was taken up for trial, the plaintiff agreed to take a special oath on his family deity that for the suit security bond no money except those shown by way of endorsement had been received by him. It was also agreed that on the plaintiff mortgagee taking such a oath, the suit may be decreed. The plaintiff took a special oath and the suit was decreed.

3. The judgment debtor filed an unnumbered execution ap