P. V. B. RAO, J.

( 1 ) THE appellant is the Collector of Ganjam who was appointed Receiver in Title suit No. 44 of 1948 which was a suit for succession to the Mahantship of haradakhandi Muth. He filed the appeal as representing the Haradakhandi Muth. The first respondent who is the plaintiff is the widow of one Binayak Sahu in whose favour the 2nd respondent who is the plaintiff is the widow of one Bina Baikoli panigrahi, defendant 5 in the case, as agent and power-of-attorney holder of the previous Mahant of Haradakhandi Muth, Sri Ramanarayan Das Goswami executed a promissory note for Rs. 1600/- as agent of the Mahant of the Muth. The third respondent Sri Maithili Priya Das Goswami who is defendant 2 in the case is the successful claimant in Title Suit No. 44 of 1948 to succeed Mahant ramanarayan Das Goswami and the fourth respondent was added as defendant 3 as he was one of the curators appointed by the District Judge with regard to the haradakhandi Muth.

( 2 ) THE plaintiff filed a suit on the said promissory note alleging in her plaint that the amount so borrowed by the manager and power-of-attorney holder of the late mahant of the Muth was spent for the benefit and necessary