Judgement

P. V. B. RAO, J. :- Civil Revision No. 260 of 1949 and First Appeal No. 44 of 1951, involve common questions of fact and law and are heard together. They are disposed of by this common judgment.

2. Civil Revision No. 260 of 1949 arises out of an order passed by the learned Subordinate Judge of Cuttak in Misc. Case No. 1 of 1949 on an application filed by the petitioners, who will be referred to hereafter as mortgagees, under Ss. 151, 152 and 153, Civil P.C. for amendment of the decree and Judgment passed in a suit for foreclosure.

3. First Appeal No. 44/51 is against the decree and judgment of the Additional Subordinate Judge of Cuttack, in Original Suit No. 9/49. The suit was filed by the plaintiffs (mortgagees) for a declaration of their title to the properties described in Sch B and for delivery of possession of the same, or in the alternative for a claim of a sum of Rs. 5922-12-0 being the value of the suit property from defendant 1.

The petitioners in Misc. Case No. 1 of 1949 and the plaintiffs in Original Suit No. 9 of 1949 are the same. Defendant 40 in the original suit is the mother of these plaintiffs who are the sons of one Bhuyan Bhaskar Chandra Mohapatra, who died