(1.) This appeal is directed against the judgment and preliminary decree passed by the learned Joint Civil Judge. Senior Division, Nadiad, in Special Suit No.50 of 1964, dated 28th July 1966.
(2.) The appellants are original defendants Nos. 1 to 12. Respondent No.2 Ramanlal Narandas is original defendant No.13, whose name has been deleted at the request of the appellants' Advocate. Respondent No.1 Dolatram Chauharmal is original plaintiff, (parties will be hereinafter referred to as "the plaintiff" and "the defendants" as the case may be).
(3.) The plaintiff filed the aforesaid suit for recovery of his mortgage dues to the tune of Rs.1,22,980/- by sale of the mortgaged properties, described in Schedule 'A' attached to the plaint. A said suit was based on the mortgage deed, Ex.108, dated 29-9-1952, passed by defendant No.1 Narayanbhat Mahijibhai and one Ranchhodhai Bakorbhai, whose heirs and legal representatives are defendants Nos.2 to 12.