JUDGMENT :

Stanley, J.:—

This appeal raises a question upon the true construction of section 295 of the Code of Civil Procedure. The suit was brought by the plaintiffs under the provisions of that section to recover a ratable share of a sum of Rs. 1,100 alleged to have been realized by sale of the property of a common judgment-debtor. Hira Lal, the father of the appellants, obtained a simple money decree against Sripat Narain Singh. The respondents obtained a decree for sale on a mortgage against Sripat Narain Singh and Raghupat. The mortgaged property was insufficient to satisfy the mortgage debt, and an application was made under section 90 of a decree passed for the balance of the debt which remained unpaid. This decree under section 90 was passed against Sripat personally and also as representative of Raghupat who was then dead. Subsequently the appellants realized the sum of Rs. 1,100 by sale of property which had been attached in execution of their decree as belonging to Sripat alone, and only Sripat's interest was sold. It was out of this sum so realized that ratable contribution is sought by the plaintiffs here. The question then which arises is as to whether or not the pla