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Kalidas Roy v. Girindra Mohan Bakshi

Calcutta High Court
May 17, 1920

The Judgment of the Court was as follows:—

Mookerjee, C.J:— This is an appeal by three of the Defendants in a suit to enforce a mortgage-security. The mortgage was created by the father and mother of the Appellants. The father took the loan and the mother furnished the security. Before the institution of the suit, the father died, and the suit was brought against the mother as also against the sons as representatives of the father. During the pendency of the suit, the mother also died. The mortgagee thereupon applied that it might be noted that the sons who were already on the record as the representatives of their father were also the representatives of their mother. The sons thereupon objected that the mortgage could not, be enforced against them. The ????????????????????????