( 1 ) THE plaintiff is the appellant. This appeal arises out of a suit filed for recovery of the principal amount of Rs. 15,000. 00 and interest thereon on the foot of a mortgage. The defendants are the successors to late Sivakoti Laxmanrao and also Narayanrao and as such they are liable to pay the debt due under the mortgage executed by their predecessors. As the defendants failed to pay interest on the mortgage amount the plaintiff filed a suit O. S. 473/1970 on the file of District Munsif Court, Visakhapatnam, and a decree was passed for interest payable up to 23-9-1970. Subsequent to the decree also the defendants failed to pay interest and also the principal and therefore the suit is filed. The written statement was filed on behalf of the defendants stating that the plaintiff should be put to strict proof of passing the consideration and the mortgage does not bind the defendants. The plaintiff has to prove that the debt incurred is for the benefit of the joint family. Further, the present suit is barred under Order 2, Rule 2, C. P. C. , in view of the filing of the suit O. S. 473/1970. The suit filed by the power of attorney also is questioned as illegal and void.