Dave, J.—This is a first appeal by the plaintiffs against the judgment and decree of the District Judge, Bikaner, dated the 23rd of April 1952.

2. The plaintiffs-appellants Tolaram and Kashiram are sons of the defendant-respondents No. 3 Kaluram. It is common ground between the parties that on the 23rd of May, 1932, the appellants father executed a mortgage-deed in favour of the defendants-respondents Nos. 1 and 2, Beenjraj, and Nemichand for Rs. 1,000/- in respect of a house which is situated in Dungargarh and which is the subject of dispute in the present case, Respondents Nos. 1 and 2 latter on filed a suit against respondent No, 3 on the basis of the said mortgage-deed and obtained a final decree for the sale of that property, on 5th of November 1948. In execution of that decree, a proclamation for sale was made by the executing court and 16th to 18th June, 1950, were fixed for the auction of that property. After this proclamation was issued, the appellants brought the present suit on the 13th of May, 1950, for a declaration that the said decree was void and inoperative against them and the mortgaged property was not liable to be sold in execution thereof. It was averred by the

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