JUDGMENT

Gokul Prasad, J. - This is an appeal by the plaintiffs for recovery of a certain sum of money which they had paid for the defendants. The facts are briefly as follows: Two persons, Tulshi and Gaya Prasad, executed a deed of mortgage in favour of one Ram Saran Singh on the 4th of July 1903. Under the terms of this mortgage each of the executants was liable to pay a definite amount out of the total consideration of Rs. 295. On the 17th of August 1907 the mortgagee got a preliminary decree for sale against both the mortgagors. This decree was made final on the 9th of October 1909 against both the judgment-debtors. The property was put up for sale and Tulshi having died his sons, the present plaintiffs, paid up the amount of the decree and thus saved their own property and the person of the defendants from further liability. They have now sued for recovery of the amount payable by the defendants. The claim was decreed by the Court of first instance but has been dismissed by the lower Appellate Court. The plaintiffs come here in second appeal. A preliminary objection has been taken by the defendant-respondent that no second appeal lies, as the suit was of the nature cognizable b