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Judgment
The appellants, who belong to the family of the mortgagors, have taken the objection that the plaintiff, who is the present zemindar, ought to
have joined his brothers as plaintiffs in suing on the mortgage executed in the late zemindar''s favour. Even assuming that the property in question
was common to all the descendants of the original mortgagee, the plaintiff as the managing member of the family would be entitled to sue on behalf
of all the members without joining them as plaintiffs. Vide Kishen Parshad v. Har Narain Singh 9 Ind. Cas. 739 and Sheikh Ibrahim Tharagan v.
Rama Aiyar 35 M.K 635.
But in this case the plaintiff produced some evidence that the property was part of the impartible zemindari and as the defendants failed to rebut
this, the lower Court found against them on the facts. The second appeal fails and is dismissed with costs.