Judgement

KAPUR J. - This appeal by Special Leave is brought from the judgment and decree of the High Court of the Punjab, dated 16th August 1949 reversing the decree of the trial Court which had decreed the plaintiffs suit on a mortgage.

2. The plaintiffs who are the appellants in this appeal claim to be the legatees under a registered will of their mother s father Lala Guranditta Mal executed on 6th September 1944. One of the items bequeathed to them was the rights in a mortgage executed by the defendants in favour of the testator on 24th October 1932, for Rs. 60000. On 25th October 1944 they brought a suit in the Court of the Senior Subordinate Judge, Gurdaspur for the recovery of Rs. 5392-2-0 on the basis of the mortgage.

They alleged that they were the "representatives and heirs" of Lala Guranditia Mal under the will and in their replication they just stated: "We are heirs and representatives of Lala Guranditta Mal mortgagee deceased" Inter alia the defendants pleaded that they had no knowledge of the will alleged to have been made by Guruanditta Mal and they denied that the plaintiffs were heirs and representatives of the mortgagee and therefore had no locus standi to sue. Fiv