Upon adjudication of insolvency, the properties of the insolvent vest with the Official Receiver, and the insolvent is not entitled to maintain an appeal against a decree passed against their assets vested in the Official Receiver.

( 1 ) THE petitioners are the defendants 1 to 3 in 0. S. No. 41/1979 on the file of the Civil Judge at Mangalore filed by the first respondent (Syndicate Bank ). Respondents 2 and 3 are the defendants 4 and 5 in the said suit. The first respondent has filed the aforesaid suit for recovery of the mortgage debt from the petitioners (defendants 1 to 3) personally and from the assets of petitioners (defendants 1 to 3 ). Respondent No. 5 is defendant No. 6. The trial Court has passed the decree in the following terms: "1. It is hereby declared that the amounts payable by defendants 1 to 3 to the plaintiff is the sum : a) Rs. 2,76. 506. 50 together with future interest at 17% p. a. on Rs. 2,72,071. 34 from 5-2-1979 (date of suit) till date of realization.

( 2 ) AND it is hereby ordered and decreed as follows :-I) That the defendants 1 to 3 do pay into Court on or before the 3rd day of August, 1983 or any later date upto which time for payment may be extended by the Court, the said sum decreed in Clause I (a) and (b) above. ii) that on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such cost of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11 of Order xxxiv of the first Schedule of the code of Civil Procedure, 1980 the plaintiff shall bring into Court all documents in possession or power relating to the charged mortgaged property in the plaint mentioned 'a' schedule property described here below in the hands of Official Receiver 6th deft, and all such documents shall be delivered over to the defendants or to such person as they appoint, and the plaintiff shall if so required reconvey or re-transfer the said property free from the said mortgage and clear of and from all encumbrances created by the plaintiff or any person claiming under him or any person under whom they claims and shall, if so required, deliver up to the defendants quiet and peaceable possession of the said property.

( 3 ) AND it is hereby further ordered and decreed that, in default of payment as aforesaid the plaintiff may apply to the Court for a final decree for the sale of the mortgaged property ; and on such application being made, the mortgaged property or a sufficient part there of shall be directed to be sold and for the purposes of such sale the plaintiff shall produce before the court or such officer as it appoints all documents in its possession or power-relating to the mortgaged property.

( 4 ) AND it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the plaintiff under this decree and under any further orders that may be passed in this suit and in payment of any amount which the Court may adjudge due to the plaintiff in respect of such costs of the suit, and such costs. Charges and expenses as may be payable under rule 10 together with such subsequent interest as may be payable under rule 11 of Order XXXIV of the First Schedule to the Code of civil Procedure, 1908, and that the balance, if any shall be paid to the defendants or other persons entitled to receive the same.

( 5 ) AND it is hereby further ordered and cecreed that, if the money realised by such sale shall not be sufficient for payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff shall be at liberty (where such remedy is open to him under the terms of the equitable mortgage and is not barred by any law for the time being in force) to apply for a personal decree against the defendants 1 to 3 for the amount of the balance ; and that the parties are at liberty to apply to the court from time to time as they may have occasion, and on such application or otherwise the Court may give such direction as it t