( 1 ) THIS is an appeal from an order of remand passed by the Civil Judge, Hardo. It appears that a suit for recovery of money and for foreclosure was instituted against two persons Nathu Lal and munnu Lal on the basis of a mortgage deed dated 23-9-1948 -- executed by both of them. A preliminary decree was passed with the consent of the defendants on 7-12-1949 with six months time for payment. An application for the passing of a final decree for foreclosure was then made on 8-7-1950 and notices were issued to the two judgment-debtors Nathu Lal and Munnu Lal. Nathu Lal was served personally but the summons for Munnu Lal was presumably taken by Nathu Lal, Nobody turned up on the date of the hearing and a final decree for foreclosure was passed on 2-9-1950.

( 2 ) MUNNU Lal made an application on 31-10-1950 for the setting aside of the final decree on the ground that he had no notice of the passing of final decree which was ex parte against him. The application made by Munnu Lal was, however, dismissed by the learned Munsif of Hardoi on the ground that Munnu Lal and Nathu Lal had lost their interest in the property on account of the sale deed executed by them on 25-10