JUDGMENT

Rankin, C.J. - This was a suit by the trustees of a deed of arrangement for the benefit of the creditors which was executed by defendants 1 and 2 on 1st April 1921 and in connexion with which an agreement was executed one or two days before between certain creditors and the trustees. The proceedings began by way of originating summons taken out by the trustees of the deed against the debtors only. That originating summons was taken out in July 1921. By an order made in the matter, on 18th December 1924 the plaint presented together with the originating summons under the rules of the High Court as they stood before 1926 was directed to be treated as a, plaint in the ordinary sense. When that, action came on for disposal it was ordered on 9th July 1925 that it be adjourned to enable the plaintiff to implead various, mortgagees. Under this order the plaintiff impleaded first of all certain persons, who had mortgages upon the properties comprised in the deed of arrangement which were prior to the title granted to the trustees by the deed of arrangement. In addition to such mortgagees the present appellant, the Maharaja of Cossimbazar, who is a relative of the debtors was implea