Chandrakantaraj Urs, J. - This appeal by Syndicate Bank, Bangalore, is directed against the judgment and decree of Prl Civil Judge, Bangalore City (as it then was) made in O.S. No. 150 of 1968 on his file.

The appellant Bank was the plaintiff in the suit. Suit was for a decree against the respondents in the sum of Rs. 1,15,210/- and for sale of the mortgaged suit schedule property of the defendants in the even of the defendants not depositing the amount decreed within the time specified, The suit came to be decreed only as against defendant-1, but it came to be dismissed as against defendants 2 to 9. Defendant-1 has been directed to pay the decretal amount within 3 months from the date of the decree failing which only the share of defendant-1 in the suit schedule mortgaged property is directed to be brought to sale to realise the amount. Aggrieved by the said judgment and decree in regard to failure to get a decree against all the defendants, the plaintiff Bank has preferred this appeal.

Originally the appeal was filed only making defendants 2 to 9 as respondents. Subsequently defendant I made an application to implead himself in this proceedings and he was permitted to im