Judgment

MUDHOLKAR, J. :- Two questions are raised before us in this appeal from the judgment of the Orissa High Court. One is whether the mortgage deed upon which the suit of respondent No. 1 was based was validly attested. The other is whether the respondent No. 1 was entitled to institute the suit.

2. The mortgage deed in question was executed by the appellant in favour of Jagannath Debata, respondent No. 2 on April 30, 1945, for a consideration of Rs.15,000. The appellant undertook to repay the amount advanced together with interest within one year from the execution of the deed. The appellant, however, failed to do so. Respondent No. 1, therefore, instituted the suit out of which this appeal arises.

3. According to respondent No.1 though the money was advanced by him to the appellant he obtained the deed in the name of the second respondent Jagannath Debata because he himself and the appellant were close friends and he felt it embarrassing to ask the appellant to pay interest on the money advanced by him. As the consideration for the mortgage feed proceeded from him claimed the right to sue upon the deed. He, however, joined Jagannath Debata as the third defendant to the suit. He