N. G. SHELAT, B. G. THAKOR, J.

( 1 ) * * * *

( 2 ) TWO points arise to be considered in this appeal. The first is whether the trial Court was in error in holding that the plaintiff appellant was not entitled to claim the rights of the first mortgagee defendant No. 1 respondent No. 1 in respect of the suit property having regard to the provisions contained in sec. 92 of the Transfer of Property Act. The other point is whether the suit is barred by reason of the withdrawal of Civil Suit No. 15 of 1953 by the plaintiff having regard to the provisions contained in Order 23 rule 1 or under the provisions contained in Order 2 rule 2 clause (3) of the Civil Procedure Code as urged by the learned advocate for the respondents. In respect of other points on which findings have been recorded by the learned Judge it is conceded that they do not affect or bar the remedy sought for by the plaintiff in the suit and they do not therefore require to be considered.

( 3 ) THE contention in respect of the first point made out by Mr. Nanavati the learned advocate for the plaintiff appellant is that the plaintiff is one of the persons referred to in sec. 91 (a) of the Transfer of Property Act he having pr

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