The court considered whether the suit was
resjudicata. The court found that the first suit
between the parties was settled by a consent

agreement and related only to land mortgaged.
The court having found that the respondent
wanted to dispose of chattels which were not
included in the mortgage and land, the suit was
not res judicata and it needed a full trial hence
the objection was overruled.
Accordingly the application was allowed.