GOKUL PRASAD, P. C. BANERJI
Hikmat Ullah Khan – Appellant
Versus
Abdul Azim Khan – Respondent
JUDGMENT
1. This appeal arises out of a suit brought by the plaintiff--appellant to enforce a mortgage. The original mortgage--deed was not produced with the plaint but it was alleged that it had been last. The suit was brought against the mortgagor, Abdul Azim Khan, who is now dead, but subsequently to the institution of it, and before the case went to trial the defendants Nos. 2 to 4 were added as parties on the ground that they were subsequent transferees of the mortgaged property. Both sets of defendants filed written statements. Abdul Azim Khan stated that the amount of the mortgage had been discharged and the mortgage bond had been returned to him with an endorsement on it. He produced a document which, he alleged, was the mortgage--deed but it was found by the Court of first instance and also by the lower Appellate Court that the document which was produced by Abdul Azim Khan was a forgery, and that the seal of the Sub--Registrar which it bears is not the seal of the Sub--Registrar's Office. The Sub--Registrar was examined and he denied that he had registered the document and that the signature on it was his so that we must take it that the document which Abdul Azim Khan prod
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