1. The appellant who claimed title as purchaser of certain items of property sued to redeem a mortgage executed by the sixth defendant in favour of the first defendant. The fourth defendant who is the present respondent was made a party to the suit on the ground that he was claiming an interest in the property. As he claimed an interest adverse to the mortgagor and mortgagee, he was exonerated from the suit. The order recites that the fourth defendant was an unnecessary party to the suit and that he was exonerated with costs "leaving open the issues affecting him." A decree for redemption was passed in favour of the plaintiff-appellant, and he paid the amount decreed and prayed that possession of the mortgaged property be delivered to him. The amin in execution delivered a portion of the property in the possession of the respondent. The respondent who had been exonerated from the suit and whose claims to the properties was not adjudicated upon filed a petition under Order XXI, Rule 100 of the Code of Civil Procedure, objecting to possession being given on the ground that the property belonged to him and was in his possession and enjoyment and that the decree in the suit was