The Chief Justice.-These two appeals are from a judgment of Bell, J., delivered in a second appeal. Appeal No. 51 of 1945 has been filed by the holder of a mortgage decree and Appeal No. 53 of 1945, by the purchaser of the property at the sale held by the Court in execution.

The mortgage was executed by a Hindu father on behalf of himself and his three minor sons. They constituted a joint family. On the 24th June, 1935, in O.S. No. 91 of 1935, of the Court of the District Munsiff of Kumbakonam, the mortgagee obtained a preliminary decree and on the 13th November, 1935, a final decree. The price realised for the hypotheca in execution fell short of the amount due under the decree by Rs. 308-4-0. On the 7th January, 1941, the decree-holder filed an application for a personal decree against the father and his two surviving sons, limited so far as the sons were concerned to their interests in the family estate. One of the sons had died before the application was filed. One of the two surviving sons (the first respondent in these appeals) was a minor. The decree-holder experienced some difficulty in serving the first respondent and on the 30th July, 1941, he filed a memorandum indicatin

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