Bose, C J—This is a pltf's appeal in a suit on a mtge dated 3-10-1930, Ex. P-3.

2. The defts raised several points in defence which I will consider separately. The first relates to execution & attestation. The defts pleaded simply this ''That paras 1, 2 & 3 of the plaint are denied.'' The first para of the plaint sets out that ''The pltf is the mtgee of the deft's property viz.,....'' The 2nd para sets out the details of the mtge including the names of the mtgee & mtgors, & the 3rd para sets out the reason for loan.

3. The trial Ct framed the following issue on that portion of the pleadings:

whether deft 1 executed the mtge deed with proper attestation & for consideration.

4. The only evidence of execution & attestation is that of the pltf as P.W. 1 & all he says is:

I advance Rs. 1450/- to the defts who executed the mtge deed dated 3-10-1930.

The witness was not cross-examined regarding the details of this execution, nor was he asked a single question about attestation. The question I have to decide therefore is whether that is sufficient in the circumstances of this case to prove execution & attestation. The first Ct decreed the claim but the lower appellate Ct held that the ev