Odgers, J.

1. This is an appeal against the order of the Subordinate Judge of Chittoor ordering an execution to proceed. The appellant is the 30th defendant in the case. The 1st defendant died and the 30th defendant was brought in as the legal representative of the 1st defendant, the Rajah of Kalahasti. The suit was to recover money paid by the plaintiff on behalf of the defendants for cess, peishcush, etc. The plaintiff owns two villages in the zamindari and obtained a decree in the suit which makes the defendants jointly and severally liable, and not only directs recovery by the sale of the assets of the late 1st defendant in the hands of the 30th defendant but it is also said that in a portion of the decree, not printed, certain villages now held by the 30th defendant are ordered to be sold to satisfy the decree. The first thing to be noticed is that there has been no appeal and the reason that is given to us for that is this. 30th defendant wanted to appeal, but the plaintiff assured him orally that proceedings would be taken against him only in respect of his proportionate liability. So the question has arisen whether this is an adjustment of the decree out of Court und