STODART
Alagar Raja – Appellant
Versus
Narayana Raja – Respondent
Stodart, J.
1. The question for decision in this petition arises in connection with a second appeal the parties to which have reported compromise in the matter. The petitioners whose petition I shall describe presently have applied to be brought on the record and to defend the second appeal in lieu of the respondent in the appeal. They claim to be entitled to do this under Order 22, Rule 10, Civil Procedure Code, namely, on the ground that they have acquired an interest in the subject-matter of the suit which is in danger of being injured by the proposed compromise of their transferor, the respondent. The facts of the case are as follows: - The plaintiff in this suit had three successive mortgages on the same items of property, namely, S. No. 80 measuring 93 cents, S. No. 79 measuring 17 cents, and another piece of land and a house. These two latter items are not particularly specified in the pleadings and their identity is not of any importance. The plaintiff in the suit, as I have said, was the mortgagee of this property by mortgages dated 13th September, 1923, 3rd August, 1927, and lastly a mortgage of a later date which is not now apparent from the papers in the case. The f
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