1. One of the defendants in a suit for redemption of a usufructuary mortgage wants to get transposed as the plaintiff. But the application filed by him for that purpose was disallowed by the trial court. Hence he has filed this Civil Revision Petition.

2. The usufructuary mortgage was created by the father of the plaintiff early in 1100 M.E. On the death of the original mortgagor the right of redemption had devolved on his children. The plaintiff and this petitioner are brothers, being the children of the original mortgagor. The suit was filed by the sole plaintiff in which the other co-mortgagors were also made defendants. The petitioner is the 11th defendant. As he did not enter appearance in the suit earlier he was set ex-parte.. Though be made an

attempt to have the ex-parte order against him set aside, he did not succeed. The main relief claimed in the suit is for redemption of the mortgage on behalf of all the mortgagors including the petitioner.

3. The suit was once dismissed for default. But the plaintiff then filed an application for restoration of the suit. Though the application for restoration of the suit was dismissed by the trial court, it was allowed by the