BRIJ NARAIN Vs. MANGLA PRASAD

JUDGEMENT

(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 is expressed to have been executed in order to pay off two prior mortgages on the same property of date December 12, 1905, and June 19, 1907, respectively.

(3.) THE Subordinate Judge found as facts : (1.) That the property was ancestral and joint. (2.) That the money raised under the mortgage was to the extent of Rs. 10,265 employed in paying off the earlier mortgages. (3.) That the sons had not been properly represented when the ex parte decree of 1912 was granted.