P. C. MALLICK, J.

( 1 ) THIS is a suit to enforce a mortgage created by a deposit of title-deeds in March 1947. The suit was instituted by the original mortgagee in July 1950. Shortly after, in November 1950 the original mortgagee died and the suit is being continued by his widow the present plaintiff who has been substituted in the place and stead of the original plaintiff. The defenadnt No. 1 Rabindranath Sarkar is the mortgagor. The other defendants are mortgagees having an interest in the equity of redemption. It is alleged that the loan was made on the deposit of title-deeds of certain immovable properties situate at Calcutta in which the Mortgagor defendant had a half share. By way of additional security three several promissory notes in favour of the mortgagor defendant were deposited with the plaintiff. The promissory notes were not however endorsed in favour of the mortgagees. The said promissory notes are for Rs. 26,000/- , Rs. 17,000/- and Rs. 19,000/- respectively. It is alleged that the defendant No, 1 instituted a suit on the promissory note dated 2-4-1946 for Rs. 7,000/- and after recovering the said sum, Rs. 6,500/- has been paid by the mortgagor to the plaintiff.

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