(1.) The Appellant is the Defendant in a suit for enforcement of a mortgage said to have been effected by him by deposit of title deeds.
(2.) A decree for arrears of rent having been passed against the present Appellant, it was put into execution in the court of the Second Subordinate Judge of Hooghly. An appeal was preferred against the decree and an application for stay of proceedings in the execution case was made. The learned Subordinate Judge thereupon passed on November 15, 1941, the following order:
(3.) The period was thereafter extended and a security bond, the bond which has been marked ext. 8 in this case, was executed by the Appellant and the Respondent. By this bond the Appellant and the Respondent-