1. This revision is directed against the order allowing an application of non-applicant No. 1 Pundlik to set aside an 'ex parte' decree.

2. The applicant filed civil suit No. 102-A of 1949 in the Court of the Civil Judge, Class II, Khamgaon, on 20-6-1949 for recovery of Rs. 400/- due on a deed of conditional sale, dated 18-6-1946, that was executed by Tulsiram, the predecessor-in-interest of non-applicants Nos. 2 and 3, in his favour. The consideration of the transfer was Rs. 300/- which was said to be taken for legal necessity and payment of antecedent debts. Under the document Tulsiram ostensibly sold southern I acre 11 gunthas of survey No. 40/IA of mouza Machhindrakhed, taluq Khamgaon, on condition that on payment of the consideration within two years the applicant would reconvey the property to him. The transaction was treated as a mortgage by conditional sale as defined in S. 58(c), Transfer of Property Act, 1882, and a preliminary decree for foreclosure was passed on 7-3-1950 for a sum of Rs. 465/4/- inclusive of costs.

3. The applicant filed an application on 8-9-1950 for making the decree final. Doting the pendency of this application, he put to sale the mortgaged pr