1. This is an appeal by one of the defendants in a mortgage suit which has been decreed in toto by the Additional District Judge, Amraoti. The outline of the case is as follows :

During the pendency of the partition suit (Civil Suit No. 47 of 1934) filed by one Nathmal against his brother Satidas, the latter on 10th October 1927, mortgaged some fields out of the joint family property to secure a loan of Rs. 18,000 borrowed from one Dr. Patwardhan. On 21st January 1929 pending the aforesaid litigation one Liladhar obtained a consent decree in Civil Suit No. 40 of 1929 against Satidas for Rs. 10,404 which was charged on some specified fields. The partition suit terminated on 28th August 1930 by the actual division by metes and bounds effected by the Collector. As the result of this partition some fields which were comprised in mortgage as well as the charge fell to the share of Nathmal, and Satidas got other fields in substitution of them. On 4th August 1931, the mortgagee Patwardhan instituted the suit out of which this appeal arises for enforcing his mortgage dated 10th October 1927 and he impleaded in his suit the mortgagor Satidas and his judgment charge-holder, Liladhar.