ORDER :

1. Leave granted.

2. Civil Suit No. 731 of 1995 instituted by the appellants has been dismissed by three forums leading to the present appeal under Article 136 of the Constitution of India. Ordinarily and in the normal course this Court would not have been inclined to examine the matter in view of the consistent findings recorded by three forums. However, having considered the facts we are of the view that the matter deserves a closer look for which we have heard the learned counsels for the parties at length.

3. The plaintiffs' (appellants herein) case in the Civil Suit No. 731 of 1995 is that the decree obtained by the respondent Bank in Civil Suit No. 419 of 1994, which is one for recovery of a sum of Rs. 2,34,170/- along with interest thereon is void, illegal and inoperative in law. Accordingly, a declaration to the above effect was prayed for in the suit.

4. A few dates will require recapitulation at this stage.

The father of the appellant No. 1 had executed an agreement to purchase the suit property mortgaged in favour of the Bank which is the subject matter of Civil Suit No. 419 of 1994. The mortgage in favour of the respondent Bank was in the year 1990 whereas the agreem