Facts :-

The respondents in this appeal were the two wives of a certain Maharajah Kumar Jagat Mohan Nath Sah Deo of Chota Nagpur. They executed a mortgage in favour of the appellants Sarkar Barnard and Co. on the 6th April, 1908.

The deed contained the following recital :-

"The deed is executed by us with consent and permission of our husband so that he may not in future raise objection to realization of debt by sale of mortgaged property (villages). Our hus band signed as witness in the bond in evidence of the above facts."

The signatures in the deed were as follows.

"Signature.........Srimati Alangamanjari Kueri Barkuerain Sahib. By my own pen.

"Signature.........Srimati Mohan Manjari Kueri Chotkuerain. By my own pen."

''Signature.........Maharaj Kumar Jagat Mohan Nath Sah Deo of Chota Nagpur."

Witnessed by.........Sabral or Saphal.

The appellants, the mortgagees institu ted a suit against the respondent to enforce the mortgage-bond. The suit was contest ed by the respondents on two grounds. First on the ground that the mortgage-bond not having been attested according to law was not enforceable against them, and secondly, on the ground that the mortgage was not intended to be acted upon