Bose C J—This is a Defendant's appeal in a suit for foreclosure of a mortgage dated 9th July 1926 executed by the Defendant's father on behalf of himself and a minor son who is now dead. The Defendant ia an after-born son. He challenged the mortgage on a number of grounds but failed in the lower Court, and the suit was decreed against him.

2. The only points raised before us in appeal are as follows: First it is argued that the due attestation of the mortgage is not proved. The lower Court holds that it has been established.

3. In his written statement the Defendant denied only the execution of the mortgage and the consideration. He did not state that there was any want of due attestation. Under Order 8, Rule 3, Code of Civil Procedure, it is necessary for a Defendant who seeks to challenge any particular fact raised in a pleading to deal with that specifically.

The rule runs: It shall not be sufficient for a Defendant in his written statement to deny generally the grounds alleged by the Plaintiff, but the Defendant must deal specifically with each allegation of fact of which he does not admit the truth, except damages.

But even leaving that on one side, in point of fact one of