JUDGMENT

M.N. Mukerji, J. - The learned Munsif, in my opinion, was in error in supposing that the order of attachment of the surplus sale proceeds could not be vacated at the instance of the petitioner as the latter was not a party to the mortgage suit in the course of which the said order had been made. The application being one u/s 151, Civil P.C., invoking the inherent powers of the Court to make an order necessary for the ends of justice, the question as to the locus standi of the applicant can hardly arise. The petitioner was, no doubt, not a party to the mortgage suit, but it cannot be urged for a moment that he is not vitally interested in the order which had been passed and which he seeks to be vacated.

2. As for the merits, it is clear that by virtue of Section 73 of the Transfer of Property Act the moment a mortgaged property is transformed into money by reason of a revenue sale, the lien fastens by operation of law upon the surplus sale proceeds, It is so, on the equitable principle that the mortgagee is entitled, for the purpose of the security, to all such interests as may ho acquired in place of the mortgagor's interest. If the mortgagor's interest in the mortgaged prop