JUDGMENT

Asutosh Mookerjee, J. - The appeal arises out of a suit commenced by the appellants for declaration that two mortgages for Rs. 5,000 each taken by the first two defendants, Radha Cbaran Poddar and Radhabailav Poddar, one from Lalbihari Saha (now deceased) on the 30th January 1914, and the other from Sukh Lal Saha, Matial Saha and Nrityaial Saha on the 7th February 1914, had been made gratuitously with intent to defeat their creditors and were consequently voidable u/s 53 of the Transfer of Property Act. The plaintiffs are creditors of the Sahas end instituted this suit on the 9th Match 1918 on behalf of themselves and the other creditors whose names were set out in a schedule appended to the plaint, The mortgagors as also the mortgagees were made defendants; and as the Sanas bad been adjudicated insolvents on the 23rd July 1914 by this Court in the exercise of its Insolvency Jurisdiction, the Official Assignee also was joined as a defendant. The suit was thus constituted .is a re-preservative suit of the type contemplated in the case of Hakim Lal v. Mooshahar Sahu 34 C. 869 : 11 C. W. N. 889 : 6 C. L. J. 410, which was affirmed by the Judicial Committee in Musdhar Sahu v. R