( 1 ) THIS Rule was obtained by defendant No. 3, judgment-debtor No. 3, Krishna Mohan Kundu, against Order No. 256 dated May 25, 1950, passed by Mr. N. Banerjee, Subordinate Judge, Alipur, granting an amendment of a reopened decree in Title Suit (Mortgage) No. 89 of 1928.

( 2 ) THE facts leading up to the present dispute may be stated as follows: The plaintiff who are opposite parties Nos. 1 to 9 instituted Title Suit (Mortgage) No. 89 of 1928 against the petitioner and two other persons who are the mortgagors. The mortgage suit comprised six items of properties. A final decree for sale for a sum of Rs. 88,801-9-3 pies was passed on the 26th of March, 1929. This decree was executed in Title Execution Case No. 76 of 1929. Items Nos: 1 to 4 of the schedule to the plaint in the Mortgage Suit were put up to sale on the 23rd of August, 1929 and were purchased by the decree-holders for, a sum of Rs. 69,000/ -. Property No. 5 was also purchased by the decree-holder for Rs. 15,000/- on June 16, 1938. Property No. (J of the schedule to the said Title (Mortgage) Suit was not put up to sale. A sum of Rs. 4801-8-3 pies remained outstanding. The decree-holder auction-purchaser thereaf