Sastri, J.

1. The question that falls to be decided in this second appeal is whether a sub-mortgagee impleaded as a defendant in a suit for sale brought by the original mortgagee is entitled to apply for a final decree where the preliminary decree for sale ascertained the amount due to him but contained no provision authorising him to make such an application on default of payment by the mortgagor of the amount due to the original mortgagee.

2. The defendants 1 and 2 in the suit executed, along with another a simple mortgage for Rs. 2,000 in favour of the plaintiffs father in respect of the suit properties on 22nd September, 1920. The plaintiffs father sub-mortgaged his mortgage right to secure a sum of Rs. 1,500 borrowed from the third defendant on 12th October, 1927 and effected a further sub-mortgage for Rs. 500 on 7th December, 1929 in favour of defendants 4 and 5. On, the adjudication of the fifth defendant as insolvent his interest in the sub-mortgage vested in the Official Receiver, the seventh defendant; and eventually passed by transfer to the defendants 8 to 10 who have since been substituted in the place of defendants 5 and 7. The original mortgagee sued to enforce