(N.S. RAMASWAMI, J.):—

1. This second appeal is before us on a reference made by Ismail, J. The question raised before the learned Judge was regarding the construction and effect of S. 64, C.P.C. The respondent in the second appeal obtained a money decree in O.S. No. 516 of 1952 on the file of the court of the District Munsif, Tindivanam, and after the decree was transferred to the court of the District Munsif, Nagapattinam, he attached the suit property belonging to the judgment debtors in that case. The attachment was effected on 4th December 1959. While the attachment was subsisting, the money decree holder (respondent in the second appeal) took a mortgage of the suit property from the judgment debtors in the money decree for a sum of Rs. 1,500, but this mortgage was not in discharge of the money decree that he had obtained in O.S. 516 of 1952, but in discharge of several other debts due to him.

2. Subsequent to the abovesaid mortgage in favour of the respondent, the judgment debtors in the money decree effected two other mortgages; one, dated 5th August, 1962 and the other dated 15th August, 1962, in favour of third parties.

3. The property was brought to sale in purs