R.K.Choudhary, J.

1. This application in revision is presented by the defendant of mortgage suit No. 12 of 1956 pending in the court of the first Additional Subordinate Judge at Hazaribagh. The plaintiff-opposite party instituted a suit against the petitioner for enforcing a mortgage alleged to have been executed by her in favour of the plaintiff on the 8th of December, 1952. The petitioner put a contest in the suit and pleaded that her husband was a working partner in the cloth shop named Sri Vishnu Bastra Bhandar at Hazaribagh town, the capital of which was to be supplied by the husband, the father-in-law and the husbands brother of the plaintiff and that as a safe-guard and to ensure against loss due to neglect by the petitioners husband the petitioner was made to execute and register a document which she was given to understand, was a security bond. Her further case is that she did not execute the mortgage bond in question knowing it to be a mortgage bond and that no consideration passed thereunder. She also stated that the husband, the father-in-law and the husbands brother of the plaintiff were members of an undivided Hindu Mitakshara family and that there was, thus,