JAGANNADHADAS, J.

( 1 ) THIS is an interlocutory application in Misc. Appeal No. 72/49, which is pending in this Court. The application is to amend the cause-title or the appeal memorandum by impleading the two persons; (1) Rajendra Prasad Bhagat and (2) Kamala Devi as party-respondents in the appeal and for condoning the delay. The appeal was filed on 11-10-1949, and this application was made on 25-9-1950. In order Ho appreciate the circumstances under which the application has been made, it is necessary to set out a few facts. M. A. 72/49 is against the order of the learned Subordinate Judge of Berhampur on M. J. C. No. 92/48 before him. That was an application under Section 47 Civil P. C. , in the course of proceedings for execution of a mortgage-decree obtained against the father of the present appellant by the decree-holders therein. By that petition, a question was raised by the judgment-debtor that the decree obtained against his father was not execuable against him, without determination of the question whether the mortgage on which the decree was based was for legal necessity. The learned Subordinate Judge decided that the present appellant was not entitled to raise the q