( 1 ) THIS is an appeal by the plaintiff from the judgment and decree of the learned trial Judge dismissing the plaintiff's suit.

( 2 ) THE plaintiff instituted a suit on the 10th September, 1952 against Nirode Kumar Biswas claiming only two reliefs, (1) a declaration that premises No. 1/a, Jadu Nath Sen Lane was a charge for the payment of Rs. 8,333-5-4 and (2) for a mortgage decree for the same amount under Order 34, Rule 4 in Form 5a in Schedule 1 of Appendix D of the Code of Civil Procedure. No other relief was sought. It was a plain and simple suit to enforce a charge on immovable property and for a mortgage decree thereupon.

( 3 ) THE plaint was amended twice by the plaintiff. On the 7th January, 1953, there was an order of amendment whereby another transferee pendente lite was brought in as a second defendant--Sm. Bimala Bala Sashmal--and it was pleaded in paragraph 6a of the plaint that by a registered conveyance dated the 23rd September, 1952, one Surendra Nath Biswas claiming to be the real purchaser conveyed and the first defendant Nirode Kumar Biswas stated in that conveyance to be a benamdar of Surendra Nath Biswas confirmed the sale of the said,