1. The facts necessary for the decision of these appeals may be stated: Two brothers, Mathew and Kuruvilla, had an overdraft account with the South Indian Bank Limited; as security for the amount borrowed they created an equitable mortgage of their properties on 14-10-1950. The South Indian Bank sued for recovery of the amount due under the transaction in O.S. No. 39 of 1954 of the District Court of Anjikaimal which suit was later transferred to the Subordinate Judge's court of Ernakulam where it was registered as O.S. No. 85 of 1958. Defendants 1 and 2 in that suit are Mathew and Kuruvilla and the 6th

defendant is Johar & Sons, Ernakulam. The first defendant executed a mortgage on 18-1-1951 for Rs. 43,899-2-10 in favour of the Palai Central Bank Ltd. The Bank sued on the mortgage in O.S. No. 63 of 1953 of the District Court of Anjikaimal and the suit was later transferred to the Subordinate Judge's court of Ernakulam where it was registered as O.S. No. 84 of 1958. Mathew and Kuruvilla are defendants 1 and 2 in that suit and Johar & Sons the 8th defendant. Johar & Sons happened to be impleaded in the two suits as assignee-decree-holder in O.S. No. 6 of 1123 of the Distr