Lord Carson. -

The plaintiffs (respondents) who carry on the business of cloth merchants and money-lending at Gaya, brought the action against the defendants to enforce three mortgage bonds dated the 11th April 1911, the 13th July 1912, and the 5th November 1914, respectively. The plaintiffs claimed a decree for the payment of the principal and interest due under the bonds in suit, and in default of payment thereof for the sale of the mortgaged properties belonging to the defendants, who are members of a joint and undivided Hindu family governed by the Mitakshara Law. The Defendants Nos. 1, 2 and 3, are brothers, and it appears that on the 7th January 1899, Dwarka Nath Singh, Defendant No. 1, and Kishun Prasad Singh, Defendant No. 3, executed a power of attorney in favour of Brijnath Singh, Defendant No. 2, which provided as follows :

If in any civil or criminal Court subordinate to the Calcutta High Court it be necessary for us, the executants, to appear personally and to make defence there the said Am Mokhtar himself shall appear and make defence in the cases on behalf of us, the executants, and in case of necessity shall depose on seolmn affirmation or in respect of any mauza or