JUDGMENT

Mukerji, J. - One Asokenath Mitra was the owner of considerable properties, in respect of which he had executed various mortgages in favour of a large number of persons. Premises No. 10/2, Elgin Road, is one of such properties. That property lies outside the local jurisdiction of the Original Side of this Court, being situate in the district of 24-Parganas. On 22nd December 1921, one Nalinimohan Das Gupta, the assignee of one of the mortgages, being a mortgage executed on 25th June 1920, instituted a suit to enforce the said mortgage, asking for a decree for sale. Premises No. 10/2, Elgin Road, was one of the properties covered by the said mortgage. ' The claim at the date of the suit was Rs. 5,970-4-0 of which Rs. 5,000 was the amount of principal, and the balance the interest due.

2. He impleaded in that suit nine other persons, besides the mortgagor Asoke, who were puisne mortgagees in respect of one or other of the properties covered by the mortgage of 25th June 1920. On 6th March 1922 the plaintiff 1 in the present suit, who held a prior mortgage from Asoke for a sum of Rupees 38,000, as also a large number of other persons, who held other mortgages from Asoke, came in