Subhedab, A J C—As the judgment appealed against does not sufficiently mention the facts, it is necessary to give the same in some detail here. In Civil Suit No. 127 of 1918 a preliminary decree for foreclosure was obtained by two plaintiffs, Godawari and Sunderbai, against four defendants, (1) Babu, (2) Lalsingh, (3), Babusingh and (4) Bhagwandas, in the Court of 2nd Subordinate Judge, Akola, on 8th September 1919. Various appeals were preferred later, the last of which was decided by this Court on 17th December 1924, as Second Appeal No. 188-B of 1923. The preliminary decree, as ultimately modified by this Court, was made absolute on 27th March 1926, ex parte the defendants and possession of the mortgage property was obtained by the plaintiffs decree-holders on 24th June 1927, and the decree was struck off as fully satisfied on 30th July 1927.

2. On 7th April 1926, defendant 3, Babusingh applied to the lower Court for setting aside the ex parte decree absolute for various reasons given in the application which was registered as Misc. Case No. 29 of 1926. On 23rd April 1926, defendant 4, Bhagwandas, made a similar application and this was registered as Misc. Case No. 35 of