Judgement

Appeal from a decree of the High Court (May 4, 1894) affirming a decree of the First Subordinate Judge of Dacca (May 20, 1892) in favour of the respondents.

The suit was brought on May 9, 1891, on a simple mortgage bond alleged to have been executed by the appellant, a Mahomedan purdah nashin lady.

The written statement raised the defence that she had not executed the bond; had not received the consideration; that no debt of hers had been discharged thereby; that she was not in Dacca at the time of its execution there, but at Ghaghra, in Mymensing; that she was a respectable Mahomedan lady living in seclusion, unable to manage her affairs; that her business was on many occasions transacted for her with her permission by her son Imdad Ali; that she had learnt from the bond in suit and other bonds that her son and " his intimate friend and relation Reza Karim Meah," having treacherously created certain loans, had illegally and falsely fabricated the bond in suit.

A commission was applied for to take her evidence, the procedure in regard to which is stated in their Lordships judgment.

The Subordinate Judge found that the bond had been read and explained to the appellant; tha