( 1 ) THIS appeal is directed against an order of the First Civil Judge, Meerut dated November 16, 1962 under Order 34, Rule 5 (3) of the Civil P. C.

( 2 ) THE facts relevant briefly stated are that the Bank of Upper India Limited (since liquidated), instituted O. S. No. 100 of 1927 in the Court of Sub Judge, Meerut for recovery of a sum of rupees 23. 993-68 besides interest on the basis of a mortgage deed dated July 13, 1927. The property mortgaged comprised of share to the extent 2/5 in the zamindari properly situate in villages specified in Schedule a and. 2/5 share for bungalow No. 245 situate in Cantonment area, Meerut besides mango trees in the compound referred to in Schedule e to the plaint, The suit was decreed by the trial court on December 22, 1928 A preliminary decree was passed under order 34, Rule 4 C. P. C. and the time granted to the judgment-debtors for payment of the decretal amount was up to June 22, 1929. The first Appeal No. 136 of 1929 filed by the defendants against the preliminary decree was dismissed by the High Court on May 14, 1936. Some of the judgment-debtors filed an application under Section 4 of the U. P. Encumbered estates Act, 19