Wadsworth, J.

1. These three appeals are preferred by the decree-holder in a mortgage suit against the orders resulting from proceedings after the decree. The suit was one of 1928. It was dismissed by the trial Court. The first appellate Court passed a decree in January 1934, for payment of Rs. 3,031-7-0 as on 22nd April, 1934, the date fixed for redemption. A second appeal was filed to this Court. While that second appeal was pending, the decree-holder took out execution. On 1st February, 1936, a portion of the hypotheca which belonged to the 8th defendant who was not one of the mortgagors was sold for Rs. 1,785 to the decree-holder, who got delivery. On 4th January, 1937, there was a further sale of items belonging to the mortgagors, defendants 1 to 3, for a sum of Rs. 855 in favour of the decree-holder who also got delivery. The second appeal came up for hearing on 1st November, 1938. By this time Madras Act IV of 1938 had come into force, but the precise effect of its terms was subject to a good deal of legal speculation and there was much uncertainty as to the procedure to be followed in obtaining relief with reference to matters pending in appeal. On the day on which t