JUDGMENT

1. One Atul Chandra Mukherjee, father of defendant 1, borrowed Rs. 500 from one Nirupama Debi on 10th June 1920 by mortgaging the properties in suit. This mortgage would hereafter be called the first mortgage. Thereafter he borrowed two sums of money on the security of the self same properties, namely, Rs. 5000 from the Sens (defendants 3 and 4), and Rs. 1600 from one Benode Behary Mukherjee (predecessor-in-interest of defendants 3 to 9). These two mortgages will hereafter be called the second and the third mortgages. On 17th March 1923, he borrowed a further sum of Rs. 2360 from the plaintiff, Sailendra, on the security of the self-same properties. This is the mortgage which is sought to be enforced in this suit. All these mortgages were simple mortgages. As the suit was instituted after the Bengal Money-lenders Act, 8 of 1933, the plaintiff limited his claim to Rs. 4720 only, being double the principal amount lent by him. In 1923, after the plaintiff's mortgage, the Sens sued to enforce their mortgage. They made the mortgagor, Atul and the mortgagee Benode parties defendants to the suit but omitted to implead the plaintiff, Sailendra, in their suit as they had. at the tim