JUDGMENT

Mukerji and Bennet, JJ. - This is an appeal by two of the several Defendants in the suit and arises out of a suit for sale instituted by the Respondents 1 and 2 for recovery of a large sum of money. The mortgagors were the Defendants' father Yudhishthir and grandfather Mohan Lal, and it was executed for a sum of Rs. 30,000. The Plaintiffs are transferees of the interests of the original mortgagees. The suit was defended by the Appellants, who were minors at the date of the mortgage, and on whose behalf their father and grandfather professed to execute the document in suit. The Appellants did not admit the allegations made in paragraphs 1 and 2 of the plaint, names, the statement that the Plaintiffs were the mortgagees and the mortgage was executed as is stated above. In their further pleas the Appellants did not state that the mortgage was legal not having been executed in the manner required by law. The Plaintiffs in order to prove the document called one of the marginal witnesses Bohra Bhopal. The witness stated as follows:

Mohan Lal and Yudishthir for themselves and for Gopi Chand and Brij Ballabh, minors, executed the mortgage deed in suit for Rs. 30 000. I am its margin