BIJAYESH MUKHERJI, J.

( 1 ) THIS is a suit raised on July 3, 1959, by three sons and two daughters of Moti Lall Sain, who died on November 4, 1955, principally for a declaration that a deed of mortgage bearing date November 29, 1946, for Rs. 25,000, and a deed of further charge bearing date January 19, 1949, for Rs. 5,000, executed by the first defendant, Sm. Nandarani Dassi, their mother and necessarily the widow of Moti Lall Saine, in favour of India Provident Co. , Ltd. , are void.

( 2 ) THE Life Insurance Corporation of India (for short, LIC hereafter) is the statutory successor in interest of India Provident Co. , Ltd. This is why LIC figures in this litigation, as the second defendant.

( 3 ) IN the wake of the declaration the plaintiffs pray the Court for, two other reliefs sought, the ancillary ones, follow as a matter of course. First: the aforesaid two instruments be cancelled and delivered up. Second: LIC be restrained by an injunction from enforcing the two instruments of mortgage and further charge by suit No. 136 of 1958 raised in this Court on January 28, 1958, for just that: for enforcement thereof.

( 4 ) THE date of institution of this suit: July 3, 1959: is, th

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