Judgment

B. K. Mukherjea J.- This appeal, which was originally taken to the Judicial Committee, on special leave, granted by an Order-in-Council dated 2-8-1946, now stands transferred to this Court by reason of the abolition of the jurisdiction of the Privy Council. It is directed against a judgment and decree of a Division Bench of the Patna High Court dated 17-3-1944, affirming, on appeal, a decision of the Subordinate Judge of Purnea dated 27-2-1942.

2. The appellants before us are the first party defendants in a suit, commenced by the plaintiffs respondents, for enforcement of a simple mortgage bond by sale of the mortgaged property. The trial Judge, while deciding all the other issues in favour of the plaintiffs, held on the evidence on the record, that the bond sued upon was not legally attested and hence could not rank as a mortgage bond. On this finding, he refused to make a decree for sale of the mortgaged property in favour of the plaintiffs and passed a money decree, for the amount due on the bond, personally against the defendants first party. According to the Subordinate Judge, although the suit was instituted more than 6 years after the date fixed for payment in the b