JUDGMENT

Banerji and Aikman, JJ. - This was a suit for sale upon a mortgage dated the 5th of November, 1895, executed by the first four defendants, namely, Jadu Rai and his three sons. The other defendants are a son of Jadu Rai and the sons of Gajadhar and Birj Lal, defendants. These persons were joined as lefendants, as they were members of a joint Hindu family with their father and grandfather, and it was sought to make the mortgaged property, which was the joint family property of all these persons, liable under the mortgage. The Courts below, relying on the ruling of this Court in Jamna v. Nain Sukh I.L.R.(1887) All. 493 have exempted from liability the shares of the defendant Mul Chand and the grandsons. The plaintiff has preferred this appeal. It is true that the ruling referred to above has not in express terms been overruled; but having regard to the later Full Bench ruling in Badri Prasad v. Madan Lal I.L.R.(1893) All. 75 and to the ruling of the Privy Council in Nanomi Babuasin v. Modhun Mohun I.L.R.(1885) Calc. 21 it can no longer be considered as law. The sons and grandsons of a mortgagor can only dispute the validity of the mortgage either on the ground that the debt wa