Judgment

HEGDE, J.: The 4th defendant in Original Suit No. 200 of 1954 in the court of Subordinate Judge, Vijayawada is the appellant in this appeal by special leave. That was a suit instituted by the Andhra Bank Ltd., the contesting respondent in this appeal. The suit was to recover the loans advanced to the Godavari Sugars, Refiners Ltd., defendant No. 5 in the suit. The suit was decreed against all the defendants and that decree was affirmed by the High Court in appeal. The decree against the other defendants has become final. The only question that arises for decision in this appeal is whether the decree against the appellant is sustainable. The High Court rested the decree against the appellant only on the basis of Ex. A-6 a letter given by defendants 1, 4 and another to the Masulipatam branch of the plaintiff bank while depositing Exhs. A-7 and A-8. In order to decide the correctness of the decree it is necessary to refer to the material facts as found by the trial court and the High Court and which are no more in dispute.

2. Defendants 1 to 3 were the partners of a company known as Aid Co. Ltd. (defendant No. 6). That company was the managing agents of defendant No. 5, the God