This Second Appeal is against the order of the learned Subordinate Judge of Ramanathapuram at Madurai in A.S. No. 59 of 1956.

The main question of law that arises for consideration in this appeal is whether execution could be allowed in favour of the legal representatives of a deceased Receiver and whether a Receiver could have legal representatives to succeed him. To appreciate the point for decision it may be necessary to mention a few relevant facts in brief On 9th August, 1923, the father of the appellant before me executed a a mortgage in favour of one Solayyappa Naicker for Rs. 200. It was a simple mortgage The mortgagee, Solayappa, was indebted to another Solayappa on a promissory note. The promisee, P. Solayappa, filed a suit on the promissory note and obtained a decree. The suit filed by the said P. Solayappa was O.S.No. 25 of 1935. On 10th August, 1936, the decree-holder P. Solayappa in the promissory note suit O.S.No. 25 of 1935 was appointed Receiver to collect the debts due to his judgment-debtor Among the debts to be collected by the said decree-holder, P. Solayappa, was the mortgage debt due by the father of present appellant under the mortgage executed on 9th