Krishnaswami Ayyangar, J.

1. The petition which gave rise to the order under appeal was filed by the first respondent, who was a purchaser amongst others of the property in dispute in execution of a mortgage decree obtained by himself in O.S. No. 81 of 1931 on the file of the Court below. In 1922, some three years after the mortgage, the equity of redemption in an extent of 6.16 acres out of the mortgaged property was purchased by one Venkataramiah in Court-auction in execution of a money decree obtained against the mortgagors. The purchaser also obtained possession through Court on 3rd December, 1922. In 1930, Venkataramaiah was adjudicated an insolvent and his estate vested in the Official Receiver. At the time When the mortgage suit, O.S. No. 81 of 1931, was instituted, which was on 22nd October, 1931, the insolvency was still pending and the plaintiff, therefore, impleaded the Official Receiver as a defendant. He also impleaded Venkataramaiahs son, but Venkataramaiah himself was not made a party. On 17th February, 1933, the adjudication was annulled and the insolvents properties were revested in the insolvent by order of Court. The suit, however, proceeded without Venkat