B.C.Chakrabarti, J. - (1.) This revisional application which has been heard on notice to the Opposite Parties, is directed against an order dated July 3, 1979 passed in T. Ex. Case No. 17 of 1975 of the 2nd Court of learned Sub-Judge at Alipore.
(2.) Facts leading to the impugned order are not very much in dispute and may be briefly stated thus : The plaintiff-opposite party No. 1 instituted T. S. No. 40 of 1960 of the 2nd Court of Sub-Judge at Alipore against Opposite Party No. 2 Sabitri Debi Jhajaria and Nanda Kishore Jhajaria predecessor in interest of Opposite Parries 3 to 9 for a sum of Rs. 3,98,402.74P. due on account of mortgage and interest, for a declaration that premises No. 12 Sunny Park, Calcutta was validly mortgaged to the plaintiffs dues and for usual mortgage decree under Order 34 of the Civil P. C. with ancillary reliefs. The petitioner Hong Kong and Shanghai Banking Corporation was impleaded in the said suit as a second mortgagee of the suit property. The petitioner filed a written statement alleging that the Opposite Party No. 2 executed a simple mortgage on Apr. 21, 1961 by way of security for the debt to the tune of Rs. 4,00,000/-. The petitioner also claimed a decree for the sum with interest. By judgment and decree dated July 26, 1965 the suit was decreed in a preliminary form directing defendants 1 and 2 to pay Rs. 3,98,402.74P, to the plaintiff (O. P. No. 1) together with interest at 6 1/4% per annum from the date of institution of the suit till realisation, within 6 months. In default the plaintiff would be entitled to apply for a final decree for recovery of the amount by sale of the mortgaged property. The decree further directed payment of Rs. 4,00,000/- to the defendant No. 3 (petitioner before us) within six months. The decree also directed that the money realised by sale shall first be applied towards payment of the dues of plaintiff and the balance shall be applied in payment of the amount due to the defendant No. 3.
(3.) The contesting defendants 1 and 2 preferred an appeal, being F. A. No. 208 of 1966 of this Court and the appeal too was dismissed in July, 1971. The time for payment however was extended by six months from the date of the judgment.;