Oldfield, J.

1. I agree with the judgment about to be delivered and have nothing to add, to it.

Ramesam, J.

2. The suit out of which this appeal arises was brought on foot of a mortgage-deed dated 3-11-1896 for the recovery of the mortgage amount, by an assignee, from the heir of the mortgagee, Ayyasami Pillai. The main defence is that the mortgage was extinguished by reason of the decree in O.S. No. 11 of 1898 and the proceedings in its execution. That suit was based on a prior mortgage dated 17-3-1896 "and Ayyasami was the 8th defendant therein. In his written statement (Ex. V c) he stated that he had no objection to the passing of a decree and prayed that the balance, after selling the property and paying off the amount due to the plaintiff might be paid towards his mortgage. The other defendants, in that case originally contested the suit but afterwards filed a. compromise petition (Ex. C) by which the amount to be decreed was determined and a compromise decree (Ex D) was passed. The learned vakil for the respondent argued that Ayyasami was not a party to that decree. I cannot agree to this contention. His name appears in the cause title of the decree and the court was not