Sarjoo Prosad, J.

1. This application has been presented by the plaintiffs. It is directed against an order of Mr. Gobind Saran, District Judge of Champaran, reversing the decision in appeal of the learned Munsif of that place. It arises out of an application for review under order 47, rule 1, Civil Procedure Code, filed by the plaintiffs which was allowed by the learned Munsif in the following circumstances: The defendants 3rd party to the action out of which the proceedings arose had executed a zarpeshgi deed in favour of defendants 1 and 2 of the 1st party in respect of survey plots 138, 169 and 176. Subsequently, in November 1942, the said defendants sold to the plaintiffs plot 138 only. The plaintiffs then instituted the suit for redemption of the mortgage in favour of the defendants 1st party subsisting on all the above plots, and also claimed mesne profits and costs. This suit was decreed in September 1947, and mesne profits were allowed to the plaintiffs in regard to plot 138 only which the plaintiffs had purchased from the defendants 3rd party.

On appeal, however, the decision was reversed and the case was remanded with a direction that the defendants 2nd party, wh