Order:- The petitioner Gambhirmal filed an appeal against the order of remand passed by the learned District Judge, Nagaur on 12th May 1915 which for reasons mentioned hereafter was treated as a revision and is being dealt with accordingly.

2. One Gyanchand filed a suit in the Court of Thikana Nimaj on 17th september 1943 on the allegation that a certain house and a Nohra situate at Pipar were mortgaged with possession by his father Chandan Mal to Shobha Chand and Kalyan Chand in S.1948 for Rs.500 and that Udai Chand defendant 1 was their sole heir and legal representative. It was alleged that the predecessor in-title of Udaichand had submortgaged the property to the ancestors of defendants 2 to 7 viz., Simrathmal, Samirmal, Gambhirmal, Mt. Dhapi, Mt. Teenja and Manakohand, and by certain arrangements between the said defendants, the property was now in possession of Mt. Dhapi and Teenja. It was stated that as the defendants refused to redeem the property on tender being made to them, the plaintiff came to file this suit.

3. Defendants 1, 4, 6 and 7 did not enter appearance. It was contested by Mst. Dhapi who denied the plaintiffs title to the property and mortgage or submortgaged al

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