1. This order shall govern Miscellaneous First Appeal No. 55 of 1946, Second Appeal No. 293 of 1946 and Letters Patent Appeal No. 13 of 1949.

2. These three appeals arise out of three distinct judgments given at different stages arising out of the same litigation which began more than 20 years ago. It appears that Respondent No. 1 had in his favour a simple mortgage bond executed as long ago as 12-7-1923 by Parmanand, the father of the family of the Appellant. The mortgagee had to institute a suit for sale on the mortgage, being suit No. 9 of 1932. He also prayed therein that if the mortgaged property did not prove sufficient to liquidate the mortgage decree a money decree in terms of Rule 6 of Order 34, Code of Civil Procedure, might also be passed.

The suit was instituted against the mortgagor, himself and his two sons named Babulal and Dharamchand; the latter being a minor was allowed to be sued under the guardianship of the Reader, of the Court. The first two Defendants, the father and the elder son, appear to have raised all sorts of objections in their written statement and ultimately the Court passed a preliminary decree on 25-7-1935. The Court decreed the suit with co