P.N.Mookerjee, J. - (1.) Three questions of first impression, -- and all of some interest and importance--arise for consideration in this appeal. The first is by way of a preliminary objection to the maintainability of the appeal; the other two relate to the competency of the proceeding itself, out of which the appeal arises. The latter two are points, touching the merits of the appeal and involving consideration of the correctness or otherwise of the relative decisions of the Tribunal below, and these we shall take up after deciding the question of maintainability of the appeal.
(2.) The facts, leading to the present appeal, may now be briefly stated as follows: On or about 12-1-1944, respondents Nos. 3 and 4 Parasram Valiram and Mrs. Gianibai Valiram borrowed from the respondent No. 1 the Khudabadi Bhaibund Co-operative Credit Bank Ltd., a sum of Rs. 60,000/- carrying interest at the rate of six per cent., per annum and payable in two years by six instalments. For the said loan Lokumal Satramdas, father of appellant Nos. 1 to 3 and grandfather of appellant No. 4 and father-in-law of appellant No. 5, and Jeramdas Menghraj, predecessor of respondent No. 2 Ramchand Vishindas, stood sureties. The loan was also secured by a mortgage of the principal debtors' house property in Hyderabad Sind which has since gone to West Pakistan. Admittedly, some payments were made towards the above Joan, but, as to the amounts paid, the parties differ in some particulars. That difference, however is not material for our present purpose.
(3.) In December, 1950 Lokumal died. Jeramdas had died earlier, namely, in 1949.;