Ramachandra Iyer, J.-

This is an appeal from the judgment of Chandra Reddi, J., in Appeal No. 13 of 1950, reversing the decree and judgment of the learned Subordinate Judge, Cuddalore, in O.S. No. 19 of 1948. The plaintiffs who are the appellant here filed a suit on the foot of a mortgage, Exhibit A-1, dated 25th February, 1933, executed by the 4th respondent in favour of one Rokia Bi. Rokia Bi died in 1937, leaving as her heirs four sons and one daughter. One of the sons, Mahomed Sultan, was adjudicated an insolvent in I. P.No. 24 of 1933 on the file of the Sub-Court, Cuddalore, and his estate became vested in the Official Receiver of South Arcot. The appellants who represent the interests of all the heirs of Rokia Bi except Mahomed Sultan filed a suit to recover the mortgage debt in the Sub-Court, Cuddalore. Their claim was only in regard to their 7/9th share in the mortgage. They valued their share of the mortgage amount at Rs. 8,750 and giving up their claim in respect of Rs. 250 filed the suit to recover Rs. 8,500. Unfortunately they did not make either Mahomed Sultan or the Official Receiver, in whom the estate of Mahomed Sultan vested, as party to the suit. Respondents 1 to 3

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