1. The legal representatives of the decree-holder are the appellants and the 4th defendant-judgment¬debtor the respondent. The second appeals arise in execution.

2. Five items of properties were directed to be sold under a mortgage decree; and items 3 to 5, belonging to the 4th defendant, were directed to be sold as the first lot. Notice of draft proclamation was served on the 4th defendant and the first lot was proclaimed for sale. That lot was actually sold on 4th April, and the sale was confirmed on 4th June, 1953. More than two years thereafter, the decree-holder filed an application for amending the plaint, the decree, the sale proclamation, etc. Notice was issued in that application and on receipt of notice the 4th defendant filed two applications which have given rise to the second appeals. One of the applications was to set aside the sale & the other was to condone the delay in filing that application. The original court dismissed both the applications; but on appeal the learned Subordinate Judge reversed the orders and allowed the applications.

3. Both the lower courts have concurrently held that the 4th defendant was served with notice regarding draft proclamati