This is an appeal under clause 15 of the Letters Patent against the judgment of Viswanatha Sastri, J., dismissing S.A. No 1178 of 1947, with his leave. The appeal arises out of a suit brought by the original respondent to recover the amount due under a mortgage-deed, dated 24th January 1927, executed by one Muthu Goundan to one Kannayya Reddi for Rs.1,000. The respondent claimed under an assignment from the original mortgagee. The mortgaged property comprised three items. Subsequent to the mortgage by a sale-deed, dated 4th Tune, 1941, Muthu Goundan conveyed to the 1st defendant a moiety of items 1 and 2 of the mortgaged properties. On the same day, a brother of Muthu Goundan sold the other moiety in these items to the 2nd defendant. The third item continued to remain with the mortgagor. The suit was brought against the purchasers, as defendants 1 and 2, but the original mortgagor was not made a party. The plaint schedule, however, included item 3 also, though the mortgagor who was in possession of it was not made a party. But at the time of the trial, the plaintiff’s vakil made an endorsement on the plaint that he did not claim any relief against item 3 and that t