JUDGMENT

1. This appeal is directed against the dismissal of an application under Rule 6 of Order 34 of the CPC of 1908. The facts material for the decision of the questions raised before us really lie in a small compass and may be briefly recited.

2. One Ananda Chandra Bose died leaving a widow and seven sons. Three of these sons died childless with the result that their interest in the ancestral estate was inherited by their mother. The position consequently was that the widow became entitled to a 3/7th share and the remaining 4/7th share was divided equally amongst the four sons. On the 16th April 1903, two of the sons executed a mortgage in favour of the appellant to secure a loan of Rs. 15,000. There were six properties given by way of security, and what was hypothecated was the 2/7th share of the two mortgagors in the properties mentioned. On the 19th April 1905 the widow and three of the sons executed another mortgage in favour of the appellant to secure a loan of 10,000. Two of these sons were executants of the earlier mortgage. There were twelve properties given by way of security, and these included the six covered by the previous mortgage. The position consequently was tha