(1.) The facts in this case may be very shortly stated. On March 4, 1908, Sita Ram granted a mortgage for Rs. 11,000 in favour of Raja Narain Brij Rai and Jagdish Narain Rai. The mortgage was secured on ancestral and joint property of which Sita Ram was at that time manager, the other members of the joint family being his two sons, minors. In 1912 the mortgagees brought a suit on the mortgage and obtained a decree ex parte. In 1913 the present suit was raised by the mother on behalf of her two minor sons (the elder has since become major to have it declared that the mortgage was not binding on them and that the decree granted was so far as they were concerned null and void.
(2.) The mortgage in suit bears to have been executed in order to pay off two prior mortgages on the same property of date December 12, 1905, a June, 19, 1907, respectively.
(3.) In the suit the plaintiffs cited the two mortgages and their father Sita Ram, who had granted the mortgage. Sita Ram did not appear to defend. Jagdish Narain Rai made over his interest to his brother Raja Narain Brij Rai, who appeared to defend and plead that the mortgage in question having been granted to pay off an antecedent debt of the plaintiffs father, it was binding on the estate.