Kamla Sahai, J.

1. This appeal by Kaviraj Basudevanand, the objector, is directed against an order dated 6-10-1953 of the Subordinate Judge of Hazaribagh, dismissing his objections under Sec. 47, Civil P. C., in Miscellaneous Judicial Case No. 30 of 1953.

2. The litigation out of which this appeal arises has rather a long history. It will be necessary to mention some of the facts in order to understand the points which arise for decision.

3. Upendra Nath Banerji and his son Dhirendra Nath Banerji executed a mortgage bond on 5-8-1938 in favour of the Chota Nagpur Banking Association, Limited, to secure a sum of Rs. 40,000, Properties in Gaya district as well as Hazaribagh District were given in security. The properties of Hazaribagh District which were mortgaged consisted of 3 annas 3 pice share in Mahal Gaddi Masnodih, tauzi No. 32. There were 33 villages in this Mahal. On 13-6-1939, Dhirendra Nath Banerji gave a lease of his share in Mahal Gaddi Masnodili to Shyamal Ram Surekha. On 15-2-1943, the Chota Nagpur Banking Association, Limited, instituted Mortgage. Suit No. 1 of 1943 in the Court of the Subordinate Judge of Hazaribagh to enforce their mortgage. Upendra Nath Bane