JUDGMENT - 1. This is an appeal filed by the original plaintiffs against an order passed by Judge Suresh of the Bombay City Civil Court on the 5th of April 1971 ordering the plaint to be returned to the plaintiffs for presentation to the proper Court on the ground that the subject-matter of the suit exceeded the pecuniary jurisdiction of that Court. The six plaintiffs and the 7th defendant are members of a joint and undivided Hindu family defendant No. 7 being the father of plaintiffs Nos.3 to 6. In the year 1953 defendant No. 7, and the plaintiffs grandmother one Laxmibai, as well as Premlal the father of plaintiffs Nos. 1 and 2 and their uncle Kishanlal, purported to mortgage the suit property which is situated at Dadar in Bombay, and it is the contention of the plaintiffs that the said mortgage was executed without legal necessity and is not binding upon them. The said mortgage was transferred from time to time and further charges were created on the said property in respect of further advances, and defendants Nos 1 to 5 ultimately had the mortgagees interest in the said property vested in them. The suit property was put up for auction by defendants Nos. 1 to 5, in purported exe

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