JUDGMENT

Biswas, J. - This is an appeal on behalf of defendant 3, and arises out of a suit which was commenced by the plaintiff to enforce two English mortgages which had been executed in his favour on 20th May and 29th September 1919. There were five defendants in the suit, and a preliminary decree for foreclosure was made against them all by the First Additional Subordinate Judge of 24-Parganas on 29th July 1935. The present appeal is directed against this decree. Since this appeal was presented, the final decree was passed on 23rd November 1938, whereby the defendants and all persons claiming through them were absolutely debarred of their right to redeem the mortgaged properties. No appeal has been preferred against this final decree, but a copy has been placed on the records of this appeal, and following the procedure Laid down by the Full Bench in Taleb Ali and Another Vs. Abdul Aziz and Others, AIR 1929 Cal 689 , it should be the duty of this Court in dealing with the present appeal to give necessary and consequential directions regarding the final decree.

2. The facts giving rise to this litigation are as follows : On 30th September 1906, one Mohendra Nath Das, a wealthy Hindu