Order. - This matter comes to me as taxing Judge in pursuance of the order of the Bench which held that the Bench has no jurisdiction to deal with the question of deficit relating to the appeal memorandum in the High Court. I proceed to deal with it treating the order of reference by the Registrar to the Bench as an order of reference to me as the taxing Judge by the taxing officer; the Registrar being also the taxing officer. The suit out of which this appeal arises was brought in the following circumstances as stated in the order of reference.

"In execution of the decree obtained against the plaintiffs father who is defendant 3, the disputed property has been sold away in court-auction at the instance of the decree-holder, the late husband of defendant 1. The decree-holder purchased the property and also took delivery of possession through Court. In the suit out of which this appeal arises, the plaintiff questioned the decree and the subsequent proceedings on the ground that the loan was contracted for illegal and immoral purposes. They therefore pray fur declaration that the decree and the subsequent proceedings are not binding and for recovery of possession of the disputed prope