Wallis, J.

1. It is admitted by therespondent that the District Judges order cannot be supported on the ground that the second period during which the estate was under the management of the Court of Wards should be excluded. During this period of management decrees were not transferred to, the collector for execution and the provisions of the Court of Wards Act and the Civil Procedure Code under which time is to be excluded in that case do not apply.

2. It has however been sought to exclude the operation of the 12 years rule under Section 48, Civil Procedure Code, on other grounds. The decree in the present case was dated the 2nd May 1890. Though a mortgage decree it does not follow the form prescribed by Section 89 of the Transfer of Property Act, but gives the plaintiff a personal decree for the whole amount and not merely for the balance that might be found due after the sale of the mortgaged properties. Accordingly properties of the Judgment-debtor not included in the mortgage were attached and ordered to be sold before the mortgaged properties were brought to sale and it is too late now to dispute the propriety of this order. It is clear therefore that under the terms of