( 1 ) THE facts of the case, which have given rise to this reference may be briefly stated. Prayag Din obtained a money decree No. 491 of 1946 against Ram Achal from the Court of the Munsif banaras. Ram Achal appealed to the District Judge and prayed for the stay of execution of the decree. The learned Judge ordered the stay of execution provided the appellant furnished security in the sum of Rs. 1750/ -. Bishwanath Sahu stood surety and gave security of his house mentioned in the security bond dated 16th of Januury, 1949. The appeal was dismissed. In execution of the decree the decree-holder prayed that the decretal amount be realised by the sale of the house given in security. Bishwanath Sahu objected, inter alia, on the ground that the security bond not being registered was invalid and unenforceable. The learned Munsif accepted that contention of Bishwanath Sahu and rejected the prayer of the decree-holder to the effect that the decretal amount be realised by sale of the house given in security. The decree-holder preferred an appeal which was decided on 16th of August, 1954 by the Addl. Civil Judge of Banaras. The Addl. Civil Judge was of the view that the security