Curgenven, J.

1. Defendant 2 appeals against an order of remand of a suit made by the Additional Subordinate Judge of Bezwada. Designating the parties as they stand in the present suit, the few facts which have to be known are these. Defendant 2 obtained a mortgage decree against defendant 1, and in the Court sale defendant 3, it is said benami for the second, bought defendant 1s property. There then ensued. an arrangement between the three defendants and the plaintiff who appears to have been a creditor of the judgment-debtor in that suit, according to which defendant 1 executed a mortgage to the plaintiff for Rs. 400 of the property which had already been sold by the Court, and the auction purchaser, defendant 3, undertook to get the Court sale, set aside. He failed to do this, so that, as matters stood, the mortgage bond passed no legal title to the plaintiff. In these circumstances the plaintiff sued in O.S. No. 368 of 1920 for the recovery of the mortgage amount which the defendants had received from him, by the sale if necessary of the mortgaged property. The District Munsif who tried the suit gave him a decree which merely declared his mortgage right over the property