JUDGMENT : Stanley, J.:— In view of the decision of a Full Bench of this Court in the case of Lalji Singh v. Gaya Singh : [1903] I.L.R., 25 All., 317, this appeal must be allowed. The plaintiff brought the suit out of which the appeal has arisen for sale of property which was hypothecated in his favour by a mortgage of the 7th of August, 1897. The consideration for that mortgage was the discharge of two decrees which were held by the plaintiff against the defendants, and also a further sum which was advanced at the date of the execution of the mortgage. It is clear from a perusal of the mortgage that it was executed as an adjustment and in satisfaction of the two decrees as also in consideration of a further advance. Immediately upon its execution the decrees were satisfied, and the decree-holder could not thereafter take any proceedings to execute them. The learned Subordinate Judge dismissed the suit on the ground that no permission to enter into the deed of mortgage had been given by the court, and so the deed offended against the provisions of section 257A of the Code of Civil Procedure. 2. At the time when the lower court's judgment was delivered, this court had not delivered judgment in the appeal—Lalji Singh v. Gaya Singh. The learned Subordinate Judge relies upon an earlier decision of this Court, namely, the case of Dan Bahadur v. Anandi Prasad : [1896] I.L.R., 18 All., 435. The facts of that case, as has been pointed out in the judgment in the case of Lalji Singh v. Gaya Singh, are clearly different from the facts of the present case, inasmuch as in the case of Dan Bahadur v. Anandi Prasad, the decrees were not satisfied by the new agreement entered into but remained capable of execution. The operation of the decrees was suspended only, they were not discharged. In the present case the decrees were discharged by the new agreement. Under these circumstances the appeal must be allowed, and, as the case has been disposed of upon a preliminary point, and as we have reversed the decision upon that point, we remand the case to the lower court with directions that it be re-admitted under its original number in the register and be determined on the merits. The plaintiff is entitled to his costs of tills appeal. The plaintiff is entitled to his costs of tills appeal. All other costs will abide the event.