JUDGMENT

Bennet, J. - This is an execution second appeal by a decree-holder Ram Sarup. The facts are somewhat complicated and are as follows: Jagannath and his son Ram Sarup made three simple mortgages as follows; (1) on 26th July 1917 in favour of Gopi Nath; (2) on 16th November 1922 in favour of Raghubir Saran, (on this mortgage a decree has been obtained by Raghubir Saran on 11th January 1926) and (3) on 28th July 1926 in favour of Sahu Bhagwati Prasad and Sahu Jagdish Prasad, the respondents. One point to be noted is that the mortgage in favour of the respondents was executed at a date subsequent to the decree on the second mortgage which is now the decree under execution. It is therefore claimed that the provisions of Section 52, T.P. Act, apply in favour of the decree-holder. The third mortgage contained a provision that Rs. 2,100 were left for payment to Gopi Nath on the first mortgage, and on 29th July 1926 the same was actually paid to Gopi Nath amounting to Rs. 2,151-14-0 in full discharge of his first mortgage by the mortgagee of the third mortgage. The present appellant made an application on 13th January 1931 for substitution of his name, and on 14th March 1931 substitu