Pandrang Row, J.

1. This is an appeal from the order of the Subordinate Judge of Madura, dated 15th April 1935 in an appeal from the decree of the District Munsif of Madura town dated 17th July 1933 in O.S. No. 270 of 1932, a suit for the recovery of the amount due to the plaintiff on a mortgage bond by sale of the mortgaged property. The mortgage was executed by defendants 1 and 2 who were carrying on trade in partnership. As the plaint recites defendants 1 and 2 incurred debts in the course of that trade and owed to various persons various amounts and as a result of an arrangement between the creditors and the debtors a mortgage, Ex. A, was executed by them on 26th November 1925 in favour of the creditors including the plaintiffs. The plaintiff alleges that his share of the mortgage money was fixed at Rs. 1,100. The total amount of the mortgage was Rs 19,950. Subsequently defendants 1 and 2 were adjudged insolvents and the Official Receiver was impleaded as defendant 11. Defendants 4, 6 and 8 to 10 are said to have assigned their mortgage rights under Ex. A to defendant 3 who is also a mortgagee. Defendant 5s right under the mortgage is said to have been purchased by defen