P. V. BALAKRISHNARAO, J.

( 1 ) DEFENDANTS 1 and 2 who are brothers filed this appeal against the judgment and decree of Shri B. S. Patnaik, Subordinate Judge of Cuttack, in a suit for recovery of money due on a mortgage bond. Respondent No. 1 is the plaintiff. Respondents 2, 3 and 4 are the sons of defendant No. 1, respondents 3 and 4 being minors. Respondent No. 5 is Sushila Dibya, widow of defendant No. 1. Appellant No. 1defendant no. 1 having died during the pendency of the appeal, respondents 2, 3, 4 and 5 are his legal representatives.

( 2 ) THE plaintiffs case is that the defendants formed a joint family of which defendants 1 and 2 are the managing members; that defendants 1 and 2 incurred a loan of Rs. 5999/- by registered mortgage bond dated 6-2-37 in order to pay off antecedent debts stipulating to repay it within one year with interest at 9 per cent per annum; and that defendants 1 and 2 not having repaid the loan except a sum of Rs. 400/- on 1-2-44, the suit is filed by the plaintiff for recovery of a sum of Rs. 11,598/- together with future interest within a time to be fixed by the Court failing which the mortgaged properties of the defendants should be sold for reali