JUDGMENT

Walsh, J. - This is an execution first appeal, raising a question which is by no means infrequent and which is constantly accompanied with difficulties of solution. The learned Judge, from whose order the appeal is brought, rightly says that it is not free from difficulty. He evidently felt doubts himself. The only criticism which one can pass upon his judgment is that he relied upon somewhat antiquated reports in the face of some resent decisions by Benches of this Court. The question is whether a mortgagee who has obtained a simple money-decree, has obtained a such decree in satisfaction of a claim arising under his mortgage-within the meaning of Order XXXIV, Rule 14, Civil Procedure Code, so as to deprive him from bringing the mortgaged property to sale in execution of his decree. The lower Court has decided the question against the mortgagee, who appeals. It seems superfluous in these days to point out once more that this provision in the First Schedule to the Code supplements old Section 99 of the transfer of Property Act in a modified form, more favourable, if that be an appropriate expression, to the mortgagee, and the principle aimed at, and the mischief sought to b