Ramesam, J.

1. This appeal arises out of a suit on a mortgage bond dated 17th October 1908, executed by one Venkatasami Naidu. Defendant 2 is the father of the executant. Defendants 3 and 4 are the assignees of a mortgage decree obtained against the suit lands. Defendants 5 and 6 are subsequent mortgagees. Defendants 7 and 10 are purchasers of portions of the mortgage property. Defendants 8 and 9 are purchasers in Court auction of portions of mortgage property in execution of a decree on a prior mortgage. The mortgagor became an insolvent and his property became vested in the Official Receiver who is defendant 1. Defendant 1. pleaded that the mortgagor was not the managing member of the family at the time of the alleged execution of the suit bond. He put the plaintiff to proof of the execution of the mortgage bond and of its consideration. He also alleged that there were misunderstandings between the mortgagor and his father and that they were executing fictitious documents in favour of relations with a view to precipitate a partition in the family. He relied on some other circumstance for showing that the suit document was a nominal one. Defendant 2 contended that the suit