JHANDU MAL Vs. KARAN SINGH

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiffs-appellants to enforce a mortgage, dated the 10th of July, 1884, alleged to have been executed by Randhir Singh and Partab Singh.

(2.) Randhir Singh is dead and is represented by his son, Karan Singh and his daughter-in-law Musammat Radha, the widow, apparently, of a pre-deceased son. The share of Randhir Singh in the mortgaged property was sold to Chidammi Lal whose minor sons Daya Kishore and Jai Kishore are the defendants Nos. 4 and 5. The defendant No. 2 is the mortgagor, Partab Singh, and defendant No. 3, Nahar Singh is the son of Partab Singh.

(3.) The case in our opinion was not properly tried. On the first date fixed for hearing the learned Subordinate Judge dismissed the suit for default of appearance of both parties. On the same date, i.e. the 16th of September, 1911, lie restored the case to its file. On that date Partab Singh and Karan Singh filed a compromise and the learned Judge proceeded to hear the case ex parte against the other defendants and made a decree in the terms of the compromise. Subsequently an application was made on behalf of Nahar Singh and Musammat Radha to have the ex parte decree made against them set aside. This application was granted and the case was re-heard. It is clear that Musammat Radha has no interest in the suit. Strictly speaking Karan Singh also has no interest in the suit because the plaintiff cannot enforce the mortgage against any property other than the mortgaged property and Randhir Singh s share of the mortgaged property was sold to Chidammi and is in the possession of the minor defendants Daya Kishore and Jai Kishore.