Judgement

Appeal (No. 82 of 1935) from a decree of the High Court (February 6, 1933) reversing a decree of the Subordinate Judge of Godda (April 11, 1931).

Certain persons, who may be compendiously referred to as the Barhams, obtained a money decree for Rs.81,398 in the High Court at Patna on January 15, 1924, against the 3rd, 12th and 13th respondents. The appellants purchased the decree on November 12, 1925, and, after getting their names substituted on the Record, sought to execute the decree on February 17, 1926, against the judgment-debtors above mentioned in the Court of the Subordinate Judge of Godda.

The respondents 1 to 16 were persons or represented persons who had on December 18, 1925, obtained a final mortgage decree in the Court of the Additional Subordinate Judge of Bhagalpur against the Barhams (the mortgagors) and certain other persons (who were represented by the respondents 17 to 36). The latter had been joined as having an interest in the mortgage security. The decree directed the sale of the mortgaged property in order that the respondents 1 to 16 should be paid a sum of Rs.86,612.

On September 19, 1928, the respondents 1 to 16 filed an application in the execut