1. The facts of this case have been stated in the order of reference made by the Division Bench that heard the appeal in these terms.

"The appellant had instituted the suit, from which the appeal arises, for redemption of a mortgage of property which belonged to her tarwad, executed in the year 1086. The suit was brought forward on the averment that a subsequent sale of the equity of redemption of the property is invalid and not binding on the appellant. The suit numbered as O.S. 173/1120 of the Munsiff Court of Mavelikara was first decreed by the trial court; but on appeal as A. S. No. 254/1124 of the District Court of Mavelikara, the appeal was allowed dismissing the suit on the ground that there was no prayer for setting aside the sale executed by the members of the tarwad (appellant was at that time a minor). In Second Appeal as S. A. 796/51 before the Travancore-Cochin High Court, the appellant was allowed to amend the plaint so as to impugned the sale deed. After remand the plaint was amended including a prayer to set aside the sale deed in favour of the respondents. The trial court allowed the amendment and after hearing the parties, by judgment, dated 22nd Decemb