This appeal from the judgment and decree of Balakrishna Ayyar, J., arises out of the suit, C.S. No. 166 of 1954 filed on the Original Side of this Court on foot of two mortgages executed on 4th March, 1950 and 31st May, 1950 to secure two sums of Rs. 30,000 and Rs.10,000 respectively. The properties mortgaged belonged to one Gopalakrishna Raju, who died on 13th November, 1951 leaving him surviving his first wife Lakshmi Ammal and second wife Manorama, one minor son named Harikrishnan and two daughters. The two suit mortgages were executed by Manorama as the guardian of her minor son in favour of the plaintiff, namely, Sri Chandra Prabhuji Jain Temple represented by its trustees. The widow Manorama was declared guardian of the person and property of her minor son, the second defendant in the suit, by an order of this Court in O.P. No. 269 of 1948, dated 9th September, 1948. Before the execution of the two mortgages, the said Manorama applied to and obtained from the Original Side of this Court two orders permitting her to raise moneys on the two mortgages. The orders were passed ex parte relying on the statements made by the said Manorama in the affidavits filed by