NAINAR SUNDARAM, J. :- In these Letters Patent Appeals, the question which has arisen for consideration relates to the scope of the contingency under which and the conditions o n satisfaction of which, the powers of court to be exercised under O. XXXIV R.5 of the Civil P. C. hereinafter referred to as the Code. To assess the question raised and to express an opinion thereon, it has become necessary to trace the facts of the case. We are obliged to refer to the parties as they stood arrayed in CMP 16300 of 1982 in CMA 532 of 1977 (Reported in AIR 1984 Mad 27), against the orders in which these Letters Patent Appeals have been preferred, which array is more or less similar in the civil miscellaneous appeal itself. In 1963 two items of properties were the subject matter of mortgage by Narayana Raja the petitioner to and in favour of one Meyyappa Chettiar who is no more. Ranganayaki Achi, the first respondent, who died subsequently, and Sevugan Chettiar, the second respondent. were countenanced as the legal representatives of Meyyappa Chettiar. On the death of Ranganayaki Achi herself, Sevugan Chettiar, the second respondent and Ramiah Chettiar, the seventh respondent, have be