Modi, J.—This is a civil regular second appeal by the defendants against the judgment and decree of the District Judge, Bikaner, dated the 27th January, 1962, affirming the judgment and decree of the Civil Judge, Bikaner dated the 7th November, 1960, in a suit for recovery of mortgage money by sale of the property under mortgage. The appeal raises an interesting question as to the applicability of O. 2, r. 2 C.P.C.

2. The material facts are these. On the 5th December, 1949, Mst. Lali, widow of Rambux together with her son Ramnath, made a mortgage for a sum of Rs. 4000/- in favour of one Sohanlal Vyas with respect to the suit house. The plaintiffs are the legal representatives of the deceased Sohanlal. The defendant Mst. Tulcha is the daughter-in-law of Mst. Lali, wife of the said Ramnath, in whose favour Mst. Lali had made a will with respect to the house in question. The mortgage-deed is Ex. I. On the 19th May, 1953, the mortgagees instituted a suit for the recovery of Rs. 797/- as interest on the mortgage money. In this suit, they prayed only for a personal decree against the defendants. This suit was admittedly decreed as prayed. Thereafter on the 8th October, 1959, the plaintiff

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