MOHAPATRA, J.

( 1 ) THE plaintiff has filed this First Appeal against the judgment and decree dated 31st August 1956 of Sri B. K. Das, Subordinate Judge of Mayurbhanj, arising out of a suit for enforcing an anomalous mortgage bond executed on the 4th May, 1948, by the present defendant No. 1 (Bhabatosh Das) and one Maheswari Debi, since deceased, who was the mother of defendants 1, 2 and 3. The agreement in the bond was to the effect that defendant No. 11 would be entitled to draw amounts from the plaintiff-bank to the extent of Rs. 10,000/ -. The plaintiff after making adjustment had laid the claim at Rs. 12,477/11/9. Defendants 2 and 3, who were not parties to the transaction, have been made parties in the suit as heirs of Maheswari. It is to be noted, the Properties mortgaged stood in the name of Maheswari, the mother. Defendants 4 to 7 are the sons of defendant No. 1 and defendant No. 8 is the son of defendant No. 2, Defendants 1, 4, 5, 6 and 7 supported the case of the plaintiff. The suit was contested by defendants 2, 3 and 8. The main contest was on the basis that the suit transaction was not duly and properly executed, that there was no proper attestation within the meanin