1. This is appeal against the Order dated 2-11-1970 made by Mr. Justice Nain as Chamber Judge dismissing the appellants Chamber Summons dated 12th October 1970, the reliefs prayed whereby we will set out a little later.

2. The appellant which was the owner of an immovable property in Bombay, mortgaged that property in favour of the first respondent by an Indenture of Mortgage dated 20th April 1946. The second respondent, who has at all material times been a director of the appellant Mills guaranteed the said mortgage debt. Thereafter, the appellant created a second mortgage on that property in favour of the third respondent. The first respondent thereafter filed a suit, begin suit No. 454 of 1950 in this court for realising the debt and the security under the said Mortgage making the appellant and respondents Nos. 2 and 3 as defendants to that suit. On the 9th of August 1949 a Preliminary Mortgage Decree was passed and thereafter on the 28th of June 1950 a Decree absolute for sale was passed. Under the decree absolute for sale liberty was given to the first respondent to bid and set off the purchase money against the debt declared due to it under the Mortgage Decree.