JUDGMENT

1. This is a plaintiffs' appeal arising out of a suit for declaration that a decree obtained by the respondents against the plaintiff under the guardianship of their mother, Mt. Mahindra Kunwar, is not binding on them. It appears that the plaintiffs' father, Niranjan Singh, executed a mortgage-deed on the 12th of October 1912, hypothecating certain properties. A suit was brought on the 15th March 1921, on the basis of this mortgage deed against the father and his sons, the present plaintiffs. The interest of the father who had transferred the property, being adverse to the minors, the plaintiffs very properly applied that the minor's mother should be appointed their guardian. Notice was issued to her and she did not object. She appeared through a vakil on the 2nd June 1921 and accepted the appointment of herself as guardian. Subsequently, on the 11th July 1921, she filed a written statement, in which she denied the existence of any legal necessity and put the mortgagees to proof of the same. Issues were settled and the next date for hearing was the 24th August, 1921, which was, on the 25th July 1921, altered to the 16th November 1921. Till the 10th November, 1921, Mt. Mahin