MOHAPATRA, J.

( 1 ) THIS is a First appeal against the judgment and decree dated 5-11-1956, of Sri S. K. Mitra, Subordi-nate Judge of Sambalpur, arising out of a suit for foreclosure on the basis of a mortgage transaction dated 1-3-37 for a principal amount of Rs. 3500/ -. The suit has been filed for Rs. 7000/- by the plaintiff Gopal Jew Mohapravu, represented through Raghunath Pujhari, the Manager of the deity. Defendants 1 and 2 and the deceased father of defendant No. 1 are the executants of the mortgage deed. Defendants 3 to 6 are the sons of defendant No. 2. Defendant No. 7 is a purchaser of a portion of the mortgaged property. It may be noted that in the mortgage deed, the mortgagee was named as Gopal Jew Mohapravu through the then manager, Nilamani Das. The plaintiffs suit is on the basis that the mortgage transaction is for the legal necessity of joint family consisting of defendants 1 to 6, and as such binding on the defendants. The main defence is that the present so-called next friend Raghunath Pujhari cannot represent the plaintiff and the suit in that view of the matter is not maintainable. Further defence was that the deity is only a benamidar, while in fact the mone