Judgment

MUDHOLKAR, J. : This is an appeal by a certificate granted by the Patna High Court allowing the appeal preferred before it by the defendants 1 and 2 and dismissing the claim of the plaintiff Bank (the appellant before us) for a sum of Rs. 35,000/-.

2. According to the Bank, defendants 1 and 2 carried on business at Bihar Sharif under the name and style of Messrs Jogilal Prabhu Chand. On February 17, 1941, they executed a cash credit agreement in favour of the Bank under which cash credit facilities were sanctioned upto a limit of Rs. 50,000/- against cloth bales on certain terms. Under that agreement a sum of Rs. 15,000/- was advanced to the Firm on that very day. On August 28, 1947 the Firm executed a promissory note in favour of the Bihar Sharif branch of the Bank for Rs. 50,000/- and approached the Manager for immediate advance of Rs. 35,000/- as they required that amount for paying the price of certain cloth allotted to them by M/s. Manohardas Jainarain, wholesale dealers of Patna. Then according to the Bank, an arrangement was entered into between the Firm and the Manager of the Bihar Sharif of the Bank under which the Firm was allowed to draw on the security of the pro