Satyanarayana Rao, J.-This second appeal was referred by me to be heard by a Bench as it raised two important questions, one relating to the interpretation of Order 21, rule 57, Civil Procedure Code as amended by this Court and the other concerning the effect of a prior execution order on the title of the plaintiff.

The subject matter of this second appeal is a house which once belonged to the second defendant. On 15th June, 1930, the second defendant obtained a loan from the Co-operative Society, Vuppada, giving some properties of his as security. The Society subsequently discovered that the security was insufficient and demanded the second defendant to give further security. By an agreement dated 5th of May, 1935, the second defendant agreed to mortgage the suit house to the said society. The society obtained an award in respect of the amount due to it against the second defendant, on the 21st of July, 1937. In pursuance of this award the properties of the second defendant were brought to sale and were purchased by the first defendant, the Maharajah of Pithapuram. With a view to get that sale set aside, the second defendant raised funds by mortgaging the suit house to the