- (1.) THIS appeal must, in my opinion, be allowed as it seems to me that the learned single Judge has taken a view of the law which cannot possibly be supported.
(2.) A preliminary mortgage decree in a sum of Rs. 16,484/6/- was passed against the judgment-debtor on 16-12-1944 and a final decree waspassed against him on 8-4-1946. These decrees were later confirmed by this Court on 15-2-1948 by means of a composite order which was in the following terms : "it is ordered that the appeal be accepted and the preliminary and the final decrees of the Senior Subordinate Judge, Delhi, dated 16-12-1944, and 8-4-1946, respectively as described overleaf be and the same are hereby modified by decreasing the decretal amount by a sum of Rs. 1,000/ -. The plaintiff shall now be entitled to recover a sum of Rs. 14,200/- by sale of the mortgaged property. Future interest for a period of four months shall be computed at the rate of 7 1/2 per cent per annum and thereafter at the rate of 6 per cent per annum. In every other respect the preliminary decree and the final decree be confirmed. "
(3.) THE decree-bolder applied for the execution of the decree on '31-8-1948 and a proclamation for the sale of the mortgaged property was made on 16-5-1949. On 20-5-1949 the judgment-debtor presented an application to the executing Court in which he objected to the execution of the decree on the ground that there was in fact no mortgage decree which could be executed. The sale of the mortgaged property took place on 13-6-1949 and the judgment-debtor's objection to the execution of the decree was dismissed by the exe-cuting Court on 20-8-1949.;