JUDGMENT

Mukerji, Ag. C.J.

1. This appeal has been referred to us by a Bench of two learned Judges of this Court because the point involved is of importance and it was thought necessary that the law on the point should be laid down by a Full Bench.

2. The facts of the case will have to be stated at some length in order to appreciate the point or points of law that arise.

3. The Oudh Commercial Bank obtained a decree for sale in Suit No. 50 of 1913 of the Court of the Subordinate Judge of Fyzabad against Riasat Husain and Saleha Bibi. The suit was based on a mortgage bond. The final decree in the suit was passed on 16th December 1915. Execution was taken out and Khairunnissa Bibi, who is the appellant before us, was impleaded as an heir to one of the deceased judgment-debtors. She however it appears claimed some of the property mortgaged in her own right and therefore she instituted a suit, being Suit No. 383 of 1923, in the Court of the Subordinate Judge at Azamgarh, to obtain a declaration that she was not bound by the decree No. 50 of 1913 obtained in the Court of the Subordinate Judge of Fyzabad by the Oudh Commercial Bank. Her suit was dismissed on 18th April 19,25 and she filed a