JUDGMENT - 1. This is a suit to enforce a mortgage dated June 19, 1952. The mortgage is an English mortgage.

2. At the instance of the parties, I directed that the first issue as regards jurisdiction of this Court should be tried as preliminary issue. The relevant facts that need be noticed in this connection are as follows:

The Plaintiffs who carry on business in Bombay as shroffs and commission agents in the firm name of Messrs. Rikhbaji Manalal and Co., were appointed shroffs and commission agents by the Defendants firm of Messrs Laxminarayan Bankatlal and Co. to effect certain transactions in Bombay. Admittedly, Defendants Nos. 1, 2, 3 and 4 are brothers. Their business is situate at Lasalgaon in Niphad Taluka in Nasik District.

The Plaintiffs case is that accounts of the previous transactions between the parties were settled and adjusted and at the foot of the accounts a sum of Rs. 25,000/-was found due as on June 15, 1952. The Defendants requested for a further loan of Rs. 10,000/- and ultimately by the indenture of Mortgage dated June 19, 1952, an immovable property of the Defendant situate at Lasalgaon was mortgaged to the Plaintiffs to secure repayment of the aggregate sum

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