JUDGMENT

Ashworth, J. - This second appeal arises out of a suit brought by the plaintiff-respondent for recovery of a sum of Rs. 359, principal and interest on foot of a mortgage-deed, dated the 20th June, 1922. This mortgage-deed was a deed by which Musammat Rafiq-un-nissa, defendant No. 1 had mortgaged her mortgagee rights. The plaintiff, therefore, sues on what is known as a sub-mortgage. Musammat Rafiq-un-nissa had become mortgagee under a mortgage executed on 4th April, 1915, by one Abdul Razzaq. The plaintiff asks to recover his money by sale, if necessary, of the actual property and not merely by sale of the mortgagee rights. In his plaint he has indicated that he desires a decree in form No. 9 of Appendix (d), of the First Schedule of the Civil Procedure Code, that form being made a statutory form imposed by Order XLVIII, Rule 3, which provides that the form given in the appendices shall be used for the purposes therein mentioned. Both the lower Courts have decreed the suit. The objection was taken in those Courts that this suit was barred under the rule of res judicata by a previous suit. It appears that in a former suit the plaintiff sued for recovery of the money under hi