JUDGMENT

R.C. Mitter, J. - This appeal is on behalf of the sons of one Behari Lal Ghose to enforce a mortgage executed in favour of Behari Lal Ghose on the 11th of Asar, 1324 B.S., by three persons Swarnamoyee, Harinath Chakravarty and Panchanan Roy. Swarnamoyee and Harinath were dead before the institution of the suit. The original Defendant No. 1, Debendra, was admittedly the heir of Swarnamoyee. Defendant No. 2 is the daughter of Harinath but whether she is the legal representative of Harinath or not is a question raised between the parties to this suit. Defendant No. 3 is Panchanan himself. Defendants Nos. 4 to 12 have been added a? parties Defendants to the suit on the allegation that the equity of redemption in some of the properties or in some shares of the properties is vested in them by reason of transfers. Various pleas were taken by the contesting Defendants Nos. 3 and 12,-one of the pleas being that the money borrowed on the bond has been paid off. This plea has been disbelieved by both the Courts below and the findings of both the Courts below on this point must stand.

2. There was a point raised that the suit was bad for non-joinder of parties on the ground that, all th