P. B. MUKHARJI, J.

( 1 ) THIS application raises a short but an important point of procedure and substance. The point) shortly is, when does a mortgagor finally and Irrevocably lose his equity of redemption?

( 2 ) BEFORE dealing with this point, I shall set out very briefly the facts. The present application is by the defendant mortgagor. The respondents to this application are the mortgagee and the purchaser. The plaintiff filed this suit against him on 19-12-1951 lor a preliminary mortgage decree for Rs. 14,521-5-6p. The preliminary mortgage decree was passed on 21-8-1952 by my learned brother J. P. Mitter, J. The preliminary mortgage decree was a consent decree providing for payment in instalments. There was default in the payment of instalments and the consent decree provided that in such default the mortgagee plaintiff would be entitled to an order for a final decree for sale of the mortgaged property. The mortgaged property is No. 3, Ram Kanta Mistry Lane, Calcutta. The final decree for sale was passed on 5-3-1954 as the mortgagor had defaulted in his payments under the consent preliminary decree. Thereafter sale reference proceeded, and on 14-5-1955 the property was sold to

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