JUDGMENT

Sulaiman, J. - This is an appeal by the judgment-debtors arising out of proceedings in execution of a simple money decree, dated 11th March 1935, (confirmed on appeal by the High Court on 6th January 1938) for about Rs. 15,000 passed on the basis of two promissory notes dated 6th October 1931, on which date a mortgage deed for Rupees 42,000 was also executed' in favour of the creditor. On 12th September 1938, the judgment-debtors filed an application under Sees. 11 and 16, Bihar Money-lenders Act (Act 3 of 1938), also purporting to be an objection under Section 47, Civil P.C. Their complaint was that in the execution case the properties were attached and sought to be sold "subject to the said mortgage lien". They urged that in view of the provisions of Section 11 of the Bihar Act the amount claimed to be due under the mortgage deed was not in fact due, and so the properties could not be sold subject to that lien, and should therefore be valued free from that lien. The reply, dated 5th November 1938, filed by the decree-holder, was to the effect that inasmuch as Section 16 of the Bihar Act had been declared null and void, no inquiry into the valuation of the properties could