JUDGMENT

1. The fasts are as follows:---Bildeo Singh and Lakhpati executel a deed of usufructuary mortgage in favour of Bhurai. Ram Karan Singh and others instituted a suit to set aside the mortgage On the 8th September 1914 a compromise was executed between the plaintiff and the defend-ants to the effect that if the plaintiffs paid Rs. 1,200 to Bhurai on or about the 15th Jane 1916, the mortgage would stand redeemed and that if they did not pay that amount by that date, the mortgage property should be put to sale and the amount due to Bhurai should be recovered therefrom, A portion of the mortgage money was paid before the 10th July 1916, and the parties agreed to an extension of time by which the remainder should be paid within a year later. Bhurai died, it is not clear when, but at any rate, before the end of 1916. Now, Moti Lal v. Ram Narain, 40 Ind. Cas, 1006 : 39 A, 55(sic) : 15 A. L. J. 540. is authority for the view that a preliminary decree doss not put an end to a suit which remains pending till the final decree and that, therefore, when a defendant dies after a preliminary decree has been passed, the provisions of Order XXII, Rule 4 have application. It is thus dear that