Sen, J. :

The appellants who are defendants in the suit filed by Mercantile Bank Ltd. against them along with Anand Iron and Steel Company, the other defendant being defendant No.5 in the suit, made an application under section 68(2) of the Transfer Property Act (hereinafter referred to as the Act) for stay of this suit. The said application came up for final disposal before Mrs. Padma Khastgir, J. The learned Judge for reasons recorded in the judgment delivered on 26.2.1979 dismissed the said application of the appellants. Aggrieved by the judgment and order of the learned Judge the appellants have preferred this appeal. Mercantile Bank Ltd. (hereinafter referred to as the Bank) and Anand Iron and Steel Co. (hereinafter referred to as the firm) are the respondents in the appeal.

2. After having preferred this appeal the appellants made an application for stay of the operation of the order passed by the learned Judge and also for stay of the suit and continuance or commencement of all proceedings thereunder including an application made by the Bank on the 23rd of October, 1978, now pending before the trial Court. At the time of the hearing of the application, the court fel