(1.) BY order dated 19th November 1971, this Court, while upholding the claim of the plaintiff, Dhanpal Patni the prior mortgagee, on the foot of the mortgage-deed, Ex. P-2, dated 5th February 1945,- exercised its discretion, under Order 34, rule 4 (3) of the Code of Civil Procedure, and directed that a decree for sale instead of one of foreclosure shall be passed, although the suit brought by the plaintiff was a suit for foreclosure, as it was not disputed that the mortgage was an anomalous mortgage.
(2.) IN the suit, the plaintiff had impleaded the subsequent mortgagee, the laxmi Bank Ltd. , Akola, as the defendant No. 5.
(3.) THE operative part of the Order, reads-