( 1 ) THIS is a defendants appeal from the decision of the learned Civil Judge, Dehra Dun decreeing the plaintiffs suit for the enforcement of a mortgage bond. The facts are these. The plaintiffs harnam Dass, Ramanand and Vishwanath alleged that the first defendant Bawa Takhat Singh (the fourth respondent in this appeal) mortgaged several properties in their favour as security for a sum of Rs. 9,000 borrowed by him. The properties were in Pakistan except one house in mussoorie known as Oakleaf. The mortgage deed was executed at Lahore on 28-4-1939 and registered at the office of the Sub-Registrar. An entry was also made in the register of the district Registrar of Saharanpur and, the sub-Registrar of Mussoorie. Under the terms of the loan interest was fixed at one rupee per cent per mensem simple, and the entire amount together with interest was payable on demand.

( 2 ) THE plaintiffs alleged that they instituted a suit for the enforcement of the mortgage in the court of the Sub-Judge First Class, Lahore in 1947 but were forced to migrate to India after the outbreak of communal disturbances, and consequently the suit was dismissed for default under order 9, Rule 3, Civil