Judgement

Appeal (No. 37 of 1935), by special leave, from a judgment and decree of the High Court (February 9, 1934), affirming an order of the Subordinate Judge of Gaya (November 18, 1932).

The plaintiffs (respondents Nos. 1 to 3) instituted the present suit to enforce two mortgages on March 24, 1931, in the Court of the Settlement Officer of Dumka, Sonthal Parganas. The suit was filed in the Court of the Settlement Officer under s. 5 of the Sonthal Parganas Settlement Regulation (III. of 1872), as amended in 1908, as the bulk of the properties in suit were situated in the Sonthal Parganas, which was then in re visional settlement. The remainder of the suit properties were situated in the Gaya District, outside the Sonthal Parganas. The plaintiffs, on the basis of two mortgages, dated respectively February 2, 1913, and May 16, 1917, claimed Rs. 10,09,000, and, in the event of non-payment, sale of the mortgaged properties.

On the date the suit was instituted, March 24, 1931, the plaintiffs filed a petition praying that the suit might be transferred under s. 5A of the Settlement Regulation, 1872, as amended, to the Court of the District Judge of Gaya, and on the same day the suit wa