( 1 ) HEARD Sri K. N. Saxena for appellants. No one appears for the respondents.

( 2 ) THE Original Suit No. 8 of 1974; balwant Singh and others s. Chandulal and 7 others for recovery of Rs. 8,160/- against the defendants 1 to 7 and interest pendente lite and future, on the principal mortgage money of Rs. 4,000/- at the rate of 6% per annum was decreed on 4. 5. 1976. The Civil appeal No. 101 of 1976 against the Judgment and Decree was dismissed by the District Judge, Jhansi on 30. 6. 1977. The Second Appeal, was admitted on 13. 1. 1978. The court issued notice on ground Nos. 1 to 3 as substantial questions of law. "1. Whether an auction purchaser in a mortgage decree purchases the property free of encumbrance when no encumbrance is shown in sale proclamation or not?2. Whether the plaintiffs decree holders who did not object to get their encumbrances shown in the sale proclamation are estopped from endorsing their mortgage for recovery of their mortgage money when they were aware of the sale and the suit?3. Whether plaintiff who pursued their remedy for getting excess amount paid to them and did not object for showing their encumbrances in the sale proclamation are estopped from enf