J19udgment

B. K. Mukherjea J.- This appeal is on behalf of the decree- holders in a mtge, suit & it is directed against a judgment & order of a D. B. of the Madras H. C. dated 5-1-1948, by which the learned Judges reversed, on appeal, an order of the Dist. J., East Tanjore, made in a proceeding under S. 47 & O. 21, R. 2, Civil P. C.

2. The material facts are not in controversy & may be briefly stated as follows. The applts. before us are the representatives of three original plts. who, as mtgees., instituted a suit (being O. S. NO. 30 of 1934) in the Ct. of the Dist. J. of East Tanjore, for enforcement, of a mtge., against the present resp. who was deft. 1 in the suit, & six other persons. The mtge. bond, upon which the suit was brought, was executed by deft. 1 for himself & his minor undivided brother, the deft. 2 & also as authorised agent on behalf of defts. 3 to 7 who were interested in a joint family business. The suit was contested by all the defts. except deft. 1. against whom it proceeded ex parte, & there was a preliminary decree passed on 15-5-1937, by which a sum of Rs. 1,08,098 was directed to be paid by deft. 1 & defts. 3 to 7, in default of which the pltfs. were decla