1. Two properties described as 4-A and 4-B, Hailey Road, New Delhi, are comprised in a mortgage executed by the owner, Shri Som Parkash Bedi, in favour of first respondent Shrimati Skukla Bedi who subsequently on 3rd of August, 1957, obtained a decree for Rs. 21,460/- with interest on the footing of this mortgage. During the pendency of the execution proceedings of this mortgage-decree the appellant, Karam Singh Sobti, purchased 4-A Hailey Road, which is described at Cottage. No. 2, for Rs. 20,000/- from Som Parkash Bedi. In execution of the Mortgage-decree obtained by Shrimati Shukla Bedi both 4-A and 4-B were put up for auction. The appellant prayed on the basis of the equitable doctrine of marshalling that property 4-B should first be sold in execution of the mortgage-decree and property 4-A should be called upon to contribute only in the event of short-fall. The executing Court holding that Karam Singh Sobti had purchased the property pendente lite rejected the prayer and directed the sale of both the properties as a composite unit.

2. Aggrieved by this order Karam Singh Sobti has come in appeal to this Court. The doctrine of marshalling, embodied in section 56 of the T