LAHIRI, J. :- The appellant Amulya Katan Mukherjee instituted the suit out of which this appeal arises for a declaration that the ex parte decree passed in Title Suit No. 52 of 1940 of the Court of the fourth Subordinate Judge, 24-Parganas and the execution proceedings arising out of it and the auction sale held therein are not binding upon the plaintiff appellant and that the title of the plaintiff has not been affected by the said decree and sale. The subject matter of the dispute is the pucca ancestral dwelling house of the plaintiff standing on 12 cottah and 13 chattacks of land in mouza Kantalpara police station Naihati. The case of the plaintiff is that his father Lakshmi Narayan Mukherjee borrowed a total sum of Rs. 2400 on the basis of three mortgage bonds on various dates between 1934 and 1937 from defendant 2, Kanak Nalini Ghose. On 9th August 1939, defendant 2 instituted Title suit No. 52 of 1940 for sale of the mortgage premises for the realisation of her dues from : Lakshmi Narayan Mukherjee. In the month of August 1939 Lakshmi Narayan left his house in a fit of insanity and never returned and be met with his death on the footpath of Hari Ghose Street in Calcu