JUDGMENT Buckland, J. - This is a suit to recover the sum of Rs. 25,000 as principal, and. Rs. 7,853, the balance of interest due on a hatchitta with further interest in default. The principal sum was advanced on the 14th November 1920. The defendants on the same day signed a hatchitta. The hatchitta is admitted and also payments of interest subsequently made. 2. It appears that on the 3rd May 1921 the defendants, by way of security, executed a mortgage in favour of the plaintiff and other creditors charging certain property for the purpose of securing their pre-existing debts. 3. The only point taken on behalf of the defendant is that the debt on the hatchitta is merged in the mortgage and that the plaintiffs are not entitled to recover on the hatchitta exclusively. 4. No oral evidence has been adduced on either side, and I have been referred to the terms of the mortgage itself. It is argued u/s 62 of the Indian Contract Act that the parties agreed to substitute one contract for the other. But this is a question of fact and intention, viz., whether the mortgage was intended to be collateral or in substitution. 5. I have been referred, on behalf of the plaintiffs, to Ethel Georgina Kerr v. Clara B. Ruxton [1906] Cri.L.J. 510, where it was held that where there is an existing debt, and the payment of it is secured by a deed intended to operate as a mortgage, the preexisting personal liability of the debtor is not superseded. Upon the deed itself, it does not, in my opinion, appear that it was the intention of the parties to substitute it for pre-existing debt, and in consequence the liability of the debtor was not thereby superseded. 6. The mortgage, in my opinion, was merely intended as a collateral security.... As regards this, the plaintiff asked for leave under Order 2, Rule 2 of the Civil Procedure Code, to reserve his rights under the mortgage. Such leave has been granted. If necessary, I grant it now and there will be a decree for the amount claimed with costs on Scale No. 2, interest on judgment at 6 per cent.