JUDGMENT

Stuart and Sulaiman, JJ. - This is a plaintiffs' appeal arising out of a suit for foreclosure on the basis of a mortgage-deed, dated the 30th of August, 1907. It appears that the defendant held a simple money decree, in suit No. 192 of 1898, which was in execution. On the 30th of July, 1907, the property in dispute in this case was attached in execution of the simple money decree; while this attachment was subsisting, the judgment-debtor, on the 30th of August, 1907, executed the mortgage-deed which is the subject-matter of dispute in this appeal. On the 20th of August, 1908, the subsequent mortgagee seems to have made an application to the execution court, praying that his mortgage should be notified. An order of the 14th of November, 1908, passed by the execution court, shows that inasmuch as no objection was preferred, notification was ordered. The property was put up for sale on two Occasions, but those sales were set aside. On the 20th of August, 1909, the property was again put up for sale and was ultimately sold to the attaching decree-holder himself for a sum of Rs. 1,800. The subsequent mortgagee has now brought a suit to enforce the mortgage of the 30th of August,