JAGAT NARAYAN, C.J.—This D.B. Civil regular first appeal has been referred for decision to the Full Bench by a Division Bench as the learned Judges constituting it were of the opinion that the following observation made by a D.B. of this Court in Jetharam vs. Hazarimal (l) was not a correct interpretation of the decision of their Lordships of the Privy Council in Mohammed Ewaz vs. Brijial (2)—

"On the other hand, the case of Mohammed Ewaz vs. Brijiall (2) is an authority to the contrary. It was held in that case that where the document was executed by two or more persons and some of them admitted execution while others denied it, the document should be registered as to the persons admitting the execution and it would be effective against the persons on whose instance the document was registered."

The appeal arises out of a suit for the enforcement of a mortgage by the sale of the mortgaged properties instituted by Mukandass, his son Rameshwar Dass and his grandson Bhanwarlal against Bhaniram, his brother Nenuram and his sons Tara Chand and Jai Narayan. The case of the plaintiffs was that on Kartik Sudi 9, Smt. 2002 (corresponding to 14.11.45) the defendants who were members of a join

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