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Judgment
The object of S 99 is, as stated by the Indian Law Commissioners of 1879 in their report dated 15th November 1879, to check the practice on
the part of mortgagees of suing their mortgagors on the debts as such, and in execution selling their mortgagors'' interests in the property and thus
defrauding purchasers, who were strangers to the mortgages, by enforcing the security against the property, of the existence of which security they
were kept in ignorance.
In the present case the decree sought to be executed has authorized the sale of the mortgaged property, and it is sought to sell the same subject
to the other mortgage of which the decree-holder has obtained the assignment. We see nothing in the language of Section 99 to justify a refusal of
execution till the decree-holder obtains a decree on that other mortgage
We must therefore set aside the order of the learned judge and restore that of the District Judge,
Respondent must pay appellant''s costs in this Court.