JUDGMENT

DESAI, J. :— This appeal by certificate under Article 133 (1) (a) of the Constitution is by the original plaintiff-State Bank of Saurashtra (the Bank for short) whose suit for recovery of Rs. 76,368.04 p. from the legal representative of the deceased principal debtor Harilal Parmananddas Adatia and his surety original defendant 2 Chitranjan Rangnath Raja, (surety for short) was decreed by the trial court both against the legal representative of the principal debtor and the surety but on appeal by the surety, was dismissed by the High Court only against the surety.

2. Harilal Parmananddas Adatia, hereinafter referred to as principal debtor approached the Manager of the Bagasra Branch of State Bank of Saurashtra seeking facility for cash credit up to Rupees 75,000/-. He submitted proposal form Ext. 66 on September 10, 1957, offering to give security for the cash credit by pledge of groundnut oil tins as also a personal guarantee of defendant 2 Chitranjan Rangnath Raja. After obtaining the approval of the General Manager of the Bank cash credit facility to the extent of Rs. 75,000/- was sanctioned against the pledge of approved goods under the lock and key of the Bank and on p