1. Defendants in O.S. No.59/98 on the file of the Sub Court, Cherthala are the revision petitioners. Pending revision the 1st revision petitioner died and his legal representatives were impleaded as additional petitioners 3 and 4. A petition C.M.P. No.6653/2001 was also filed for appointment of the 2nd petitioner as guardian of minors additional petitioners 3 and 4. It was allowed by separate orders.

2. The respondent-Bank instituted a suit for recovery of an amount of Rs.14,73,786.90 ps. alleged to be due in two transactions. It was averred in the plaint that two loans for an amount of Rs.5 lakhs each were granted to the defendants. One is granted to the 1st defendant for construction of a residential building and the other is granted to the 2nd defendant for business purpose. Commom immovable properties belonging to the 1st defendant were offered as security for both these loans. The suit was instituted on 28.8.1998. Though cause of action was different, since the suit was instituted based on the mortgage, the plaintiff was compelled to institute one suit as contemplated under S.67A of the Transfer of Property Act. The Debts Recovery Tribunal was constituted under the