( 1 ) BOTH the First Miscellaneous Appeal and the First Appeal noted above are being disposed of by this common judgement whereunder the former shall stand dismissed while the latter shall stand decreed.

( 2 ) A mortgage-suit being T. S. No. 46 of 1969 was instituted in the 3rd Court of the Subordinate Judge at Alipore by the appellant against the original mortgagor as the defendant No. 1 and the subsequent purchaser of the mortgage-security as the defendant No. 2, who is now the respondent before us. The learned Judge, by his order dt. 21-1-71, dismissed the suit as in his view the mortgagor defendant No. 1 having died before the institution of the suit, the suit was not maintainable and could not proceed against the respondent-defendant No. 2 who was, as already noted, subsequent purchaser of the mortgage-security. As we shall see when we would deal with F. A. No. 162 of 1973, the order of the learned Judge was patently erroneous. The learned Judge also realised it very soon that he was wrong, but in order to undo that wrong, he committed another wrong by reviewing and setting a side the order dt. 2-11-71 by his order dt. 27-1-71 and restoring the suit b