( 1 ) THE aforesaid appeals arise from a judgment rendered in Special Civil Suit No. 75 of 1976 by the Civil Judge (Senior Division) Himmatnagar.

( 2 ) THE facts giving rise to the present appeals are that the origin plaintiff namely Bank of Baroda had filed the aforesaid suit against four defendants. Defendant no. 1 was a partnership firm and defendants nos. 2 to 4 were its partners. There is no dispute that original defendant no. 5 who was a partner of defendant no. 1 firm had retired from the said partnership. The plaintiff bank alleging that there was an equitable mortgage between the parties had prayed for a decree for the principal amount of Rs. 4 1 158. 51 due as on 30/09/1976 and also for Rs. 30 772 being the amount of interest on the said amount from 1/10/1976 to 22/12/1976 together with Rs. 829. 40 being the insurance charges. The total amount on the aforesaid basis came to Rs. 4 32 759. 91 and further running interest was claimed at 16 per cent per annum from the date of the suit till payment and costs. It was also prayed that the decretal amount may be ordered to be realised by sale of the suit properties equitably mortgaged as described in the schedule as